CR - Amendment On The City Traffic Code - 060517

Republic of the Philippines
Province of Masbate
CITY OF MASBATE
OFFICE OF THE SANGGUNIANG PANLUNGSOD
COMMITTEE ON TRANSPORTATION AND COMMUNICATION
COMMITTEE REPORT
Re: Letter of Mr. Abundio M. Lee Jr. for and on behalf of the Masbate-Filipino-
Chinese Chamber of Commerce Inc., requesting for a dialogue on clarification of
specific provisions of Ordinance No. 136-2012 or otherwise known as the Masbate
City Traffic Code in relation to Proposed Ordinance No. 14-2015: Amending some
provisions of Ordinance No. 136-2012, or otherwise known as the Masbate City
Traffic Code, as amended.
The Committee on Transportation and Communication conducted a series of

Committee Hearing on the said proposed ordinance on February 6 & 27, 2017 and March
13, 2017, held at the 3rd Floor, Burias Bldg, City Hall Compound, Masbate City to evaluate
and study the propriety of the propositions.
Below are the findings and recommendations of the committee.
FACTS AND FINDINGS:
1. The members of the Masbate-Filipino-Chinese Chamber of Commerce Inc. (the

business sector, for brevity), City Information Officer Mr. Marlon E. Ditan, City
Legal Officer Atty. Lowell Pillejera and Mr. Roy Rosero of the MCTMTFO were
invited to shed light on the matter at hand;
2. A dialogue was conducted in November 18, 2016. The business sector wanted
to be apprised with Art. IV, Sec. 12 as to Parking; and Art. IV, Sec. 13, par b
as to the loading/unloading time provided for in the Code. They averred that they
be allowed to load/unload their cargoes with ample time and suggested that at
Six (6) wheeler trucks be allowed to traverse, enter, and travel from Masbate Port
via Zurbito Street going south as the said ordinance prohibits entry Zurbito St.
from the port area going south to all kinds of trucks.
3. Section 21 of Article VII, par. (a) of Ordinance No. 136-2012 which provides that
the loading and unloading of passengers and cargoes along the streets and
highways shall be done in such a manner so as not to impede the free flow and
traffic. Loading and unloading of cargoes along the following streets from 5: 00
a.m to 8: 00 pm is prohibited subject to the restrictions provided for this section.
4. During the dialogue, it was found that in 2001, The Masbate City Traffic Code
(the Code, for brevity) was approved as Ordinance No. 009-01, with Hon. Jacinto
Rey as the author. In 2012, Ordinance No. 136-12 was approved amending the
Code, with Hon. Ralph Daigo as the author. However, there is a proposed
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amendment as Proposed Ordinance No. 014-2015 amending certain provisions of
the Code which was not acted upon as it coincides with the end of the term of
the members of the 5th City Council; hence deemed it wise for the herein
committee to revive the said proposed amendment in relation to the request of
the business sector to revisit the Code.
5. After the dialogue, the matter was referred to the herein committee for further
review and study, hence a series of committee hearing were conducted.
6. The business sector, PNP and the City Legal Officer after due hearing were
required by the Chair to submit their respective position papers on the matter at
hand.
7. As to the position letter of the business sector, their two main concerns are
Section 12 of Art. IV par. D of the Code which prohibits entry for all trucks,
buses and heavy vehicles in Zurbito Street from port area going south; and
Section 21 of Article VII, par. (a) of the Code which provides that the loading
and unloading of passengers and cargoes along the streets and highways shall
be done in such a manner so as not to impede the free flow and traffic. Loading
and unloading of cargoes along the following streets from 5: 00 a.m to 8: 00 pm
is prohibited subject to the restrictions provided for this section.
The business sector requested that parking be allowed for the purpose of loading
and unloading only of their goods/merchandise with no specific time limit and
without any parking fee imposed.
Mr. Roy Rosero’s contended that for delivery trucks, parking would be allowed
only for a maximum of thirty (30) minutes provided, that the vehicle is not
immobile. Further, he suggested that the term “trucks” be specified in the
ordinance.
Mr. Magalaman/TODA President suggested to allow them during 1pm to 3pm

only where traffic around the area is bit less. However, the provision of the
ordinance on time for Loading and Unloading of cargoes should strictly be
followed so as to avoid confusion in the implementation often related to trucking
shipments. However, the Chair reminded that Tara Street is strictly a no-
parking street.
Meanwhile, the City Information Officer opined that to allow them of their
request, would just impede traffic. He specified businesses that have more than
just one (1) truck that loads and unloads. Also RORO and shuttle busses with
daily operations added more to traffic congestion along port area.
The business sectors are advised to transfer their warehouses outside city
premises in decongesting traffic. The City Comprehensive Land Use and Plan
should be revisited for the purpose.
8. Presidents and members of TODA also opposed by manifesting that having a

“parada system” will result into the reduction of 20% of the driver’s income
per day. They also added that Section 8 (f) and (h) shall not be included since
they are following such directives as to the term of office of the Toda
Federation Officers which is three (3) years.
Mr. Roy Rosero explained that the proposed ordinance is intended to legalize
parada’s among tricycles. However, those who opt not to include themselves
Page 2 of 4
among Parada’s will still be allowed to operate around the city except on
those loading areas designated as Parada’s.
9. The Masbate City PNP through PCSI Avila encourages the committee to instill
discipline to drivers and operators by conducting seminars lectures and forums.
Hence, he proposes to prohibit public utility tricycles to traverse the “National
Highway” particularly along Quezon Street: a commercial area, to decongest
traffic. The Secretariat inquired from the Land Transportation Office (LTO)
as to the distinction of ‘national highway’ from ‘national road’ relative to
laws prohibiting the tricycles to traverse in national highways. Pursuant to
RA 917, the term “highway” includes rights-of-way, bridges, ferries, drainage
structures, signs, guard rails and protective structures in connection with
highways wherein passenger cars and motorcycles are allowed to run at a speed
not exceeding 80 kilometers per hour. While “National Rods” may either be
“primary roads” or “secondary roads” which respectively means “roads which
form parts of the main trunk-line system continuous in extent.
10. The City Legal Officer found the proposed amendment as a valid exercise of
local legislative function having not violated any existing law and constitution.
11. To note, the amendments in the Proposed Ordinance No. 014-2015 covers
the following: a) inclusion in Section 12 of the Code of “Mirasol St from Osmeńa
St going to Pier or Robredo Boulevard” as “No entry”; b) inclusion in Section 13 of
the Code of “all vehicles illegally parked, whose drivers cannot be located at the
time of the inspection, shall be locked up with a chain or any other device to
make them immobile and shall be unlocked only upon appearance of the drivers
or owners, or when to be towed by the city’s towing vehicle; c) loading areas
which shall be called “PARADA” in Section 21 of the Code; d) Section 22 on
Terminal/Parking Areas; and e) Section 23 of the Code on Terminal/Parking Fee
12. The Secretariat was instructed by the Chair to 1) include tricycle and motorbikes
in Art. IV, Sec. 12, par d; and 2) include 6-wheeler and above van/truck in Art.
IV, Sec. 12, par. f of the Code.
RECOMMENDATION:
In view of the findings, the Committee recommended for the adoption of the
proposed amendment enumerated above.
Also, the Committee hereby directs the Secretariat to prepare the amended
version of the proposed ordinance.
Likewise, the Committee moves for the ADOPTION of this Committee Report.
Further, the Committee moves for the ELEVATION OF THE PROPOSED

ORDINANCE FOR SECOND READING DURING THE NEXT REGULAR SESSION.
COMMITTEE ON TRANSPORTATION AND COMMUNICATION:
SOCRATES M. TUASON
Chairperson
Committee on Transportation and Communication
JOSE RODOLFO B. CORTES III
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Vice Chair
Members:
ROSEMARIE V. SALVACION
City Councilor
ALLAN T. LIM
City Councilor
JULIUS ANTHONY A. AGUILAR

City Councilor
Page 4 of 4

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Republic of the Philippines

OFFICE OF THE SANGGUNIANG PANLUNGSOD

COMMITTEE ON TRANSPORTATION AND COMMUNICATION

The Committee on Transportation and Communication conducted a series of

Below are the findings and recommendations of the committee.

FACTS AND FINDINGS:

1. The members of the Masbate-Filipino-Chinese Chamber of Commerce Inc. (the

Mr. Magalaman/TODA President suggested to allow them during 1pm to 3pm

8. Presidents and members of TODA also opposed by manifesting that having a

Further, the Committee moves for the ELEVATION OF THE PROPOSED

COMMITTEE ON TRANSPORTATION AND COMMUNICATION:

JOSE RODOLFO B. CORTES III

JULIUS ANTHONY A. AGUILAR

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