A8 Ordinance Republic of the Philippines Province of Misamis Oriental MUNICIPALITY OF MANTICAO OFFICE OF THE SANGGUNIANG BAYAN EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF MANTICAO, MISAMIS ORIENTAL, HELD ON MONDAY, JULY 25, 2016, AT LAURETO A. TALAROC, SR. HALL OF WISDOM, SB-ABC BUILDING. Present: Hon. Stephen S. Tan Mun. Vice-Mayor P R E S I D I N G Hon. Pete T. Faelnar Municipal Councilor Hon. Jessie G. Tan, Jr. Municipal Councilor Hon. Daniel D. Catipay, Sr. Municipal Councilor Hon. Lilith D. Jabla Municipal Councilor Hon. Sanny G. Jabla Municipal Councilor Hon. Eric F. Macacua Municipal Councilor Hon. Luther P. Asok (ABC President) Ex-Officio Member Hon. Danilo R. Sayagnao (I.P. Representative) Ex-Officio Member On-leave: Hon. Jaycel C. Macquinto Hon. Rael J. Eyana
Municipal Councilor Municipal Councilor
Absent : None
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Wednesday, August 24, 2016
It is hereby declared a policy of the Local Government Unit of Manticao to promote the General Welfare of the people in the community, pursuant to the provisions of Section 16 and 17 of the Local Government Code of 1991. In pursuance to this policy, the LGU shall afford livelihood and other economic opportunities to the different sectors in the community, convergent of their skills, capabilities, or of their choice or interest, or in any approach or strategy that will enable them to become productive members of society. Authorizing the Manticao Electric Tricycle Operators and Drivers Association (METODA) to operate an Electric Tricycle in the locality is within the purview of our advocacy to promote livelihood opportunities to the people in the community, subject to applicable provisions of laws and ordinances and other administrative rules and regulations governing such operation, as the case may be. Unjustifiable refusal to issue such authority would result to arbitrary denial of the civil and constitutional rights of the members of this association and those who, hereafter, may decide to engage other type of tricycle in the locality; Indisputably, Electric Tricycle belongs to the category of a Tricycle. Its modern design, capacity and actual use, pose no substantial distinction from an ordinary tricycle. Hence, the Local Government Unit of Manticao validly acquires jurisdiction in authorizing, franchising and regulating the operation of electric tricycle in the locality consistent to the provisions of Section 447 (3) (vi) of the Local Government Code. Section 2. Definition of Terms.
MUNICIPAL ORDINANCE NO. 02 Series of 2016
The following terms shall be construed as hereby defined:
WHEREAS, the Sangguniang Bayan is empowered to franchise the operation of tricycles in the locality pursuant to the provisions of Section 447 (3) ( vi ) of the Local Government Code of 1991; WHEREAS, there is a new unit of tricycle which is powered by electricity otherwise known as e-trike and specifically designed and manufactured for public conveyance. WHEREAS, the e- trike caught the attention of the operators and drivers of pedal-operated tricycles who wish to acquire the said unit when a franchise will be granted by the LGU. WHEREAS, in their common interest to acquire and operate an electric tricycle, some members of Manticao Pedicab Operators and Drivers Association ( MAPODA) participated in organizing a new organization known as Manticao Electric Tricycle Operators and Drivers Association (METODA) which the latter then submitted its request to the Sangguniang Bayan for an authority to operate the said unit in this locality; WHEREAS, the Committee on Transportation and Franchising of the Sangguniang Bayan, after proper determination on the matter, submitted its findings that this transportation facility belongs to the category of a tricycle, and its being powered by electricity does not substantially distinguish it from existing tricycles operating in the locality. Hence, the Sangguniang Bayan validly exercises the power to authorize the operation of electric tricycles, subject to governing provisions of ordinances and applicable laws. WHEREAS, the riding public filed a formal petition supporting the operation of e-trikes as part of development in terms of local transportation; WHEREAS, there are no pending administrative or legal issues arising out in the manufacture and worthiness of an electric tricycle for public conveyance within the jurisdiction of a Local Government Unit; NOW THEREFORE, On motion of the proponent, Councilor Daniel D. Catipay Sr, duly seconded by Councilor Sanny G. Jabla, it was; RESOLVED, as this body hereby resolved to enact an ordinance to wit: AN ORDINANCE AUTHORIZING THE OPERATION OF ELECTRIC TRICYCLES AS PUBLIC CONVEYANCE WITHIN THE TERRITORIAL JURISDICTION OF MANTICAO, GRANTING A FRANCHISE TO OPERATORS, REGULATING ITS OPERATION, AND PENALIZING VIOLATORS THEREOF BE IT ORDAINED by the Sangguniang Bayan in session assembled; Section 1. General Principles.
a) Electric Tricycle- a tricycle which is energized and operated by electricity
b) Franchise- an authority to operate an electric tricycle within the territorial jurisdiction of the municipality. c) disfranchisement- refers to the revocation of a franchise issued to the franchisee
Section 3. Requisites in operating an Electric Tricycle in the locality. Natural or juridical persons may operate an electric tricycle in the locality subject to the following requisites:
a) local franchise;
b) permit to operate, renewable annually;
c) good condition or road worthiness of the unit; and
d) no pending case in court involving the unit for violation of any provision of this ordinance or penal laws;
e) voters ID of the franchisee who must be a registered voter in the locality; and
f) driver’s permit, provided; that he/she must be of legal age but must not be more than 70 years old.
Section 4. Executive Order creating the Manticao Transportation, Franchising and Regulatory Board. Within 15 working days after the approval of this ordinance, the Municipal Mayor shall issue an Executive Order creating the Manticao Transportation, Franchising and Regulatory Board which powers include but not limited to the granting of Franchise to Electric Tricycle operators, including the franchising of other tricycles which, hereafter may be required pursuant to an ordinance, including regulations of other public utilities and other regulatory functions under express and implied provisions of an ordinance and the authority to formulate administrative policies and regulations on transportation and traffic subject to the approval of the Sangguniang Bayan. Section 5. Number of Electric Tricycles to be Franchised ; Maximum number of e-trike units allowed per operator The total number of electric tricycles to be franchised shall not exceed 100 units, provided; that only 3 units shall be authorized for every operator, subject to the applicable provisions in the next section. After the issuance of 100 franchise, no additional franchise shall be issued except in pursuance of a subsequent ordinance increasing the number of franchise to be issued for e-trikes operation in the locality. Section 6. Requisites for the issuance of a franchise. See ordinance, page A9