Republic of the Philippines

Province of Albay
Municipality of Guinobatan
-0O0OFFICE OF THE SANGGUNIANG BAYAN
Tel. No. (052) 484-6642; E-mail: 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
ASSEMBLED, THAT:

BY

THE

SANGGUNIANG

BAYAN

IN

SESSION

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%
35%
35%

General Fund
GTFRC
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:
Not in favor:

All SB Members Present

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