Republic of the Philippines

Province of South Cotabato

Municipality of Polomolok
Barangay Poblacion

OFFICE OF THE SANGGUNIANG BARANGAY

“Excerpt from the minutes of the 17th regular session of the Sangguniang Barangay of Barangay
Poblacion, Polomolok, South Cotabato held at Barangay Session hall on September 1, 2020.

Present:
Hon. Jesse G. Bontuyan Punong Barangay
(Presiding Officer)

Hon. Rose Mae G. Orbesido Barangay Kagawad

Hon. Rhenen G. Cabahug Barangay Kagawad
Hon. Rex H. Machan Barangay Kagawad
Hon. Zosimo C. Salada Barangay Kagawad
Hon. Isidro G. Londres Barangay Kagawad
Hon. Jay Mark F. Yungco Barangay Kagawad
Hon. Joan I. Lopez Barangay Kagawad
Hon. John Lennon Gallo SK Chairman

---------------------------------------------------------------------------------------------------------------------

Author: Hon. Isidro G. Londres

Co-Author: All Council

BARANGAY ORDINANCE N0. 02

Series of 2020

AN ORDINANCE PROHIBITING THE USE OF MOTOR VEHICLES WITH AN OPEN

PIPE MUFFLER OR THOSE THAT ARE DEFECTIVE OR HAVE BEEN MODIFIED
WHICH INCREASE THE SOUND EMITTED BY MOTOR VEHICLES AND
PENALIZING OWNERS/DRIVERS IN BARANGAY POBLACION, POLOMOLOK,
SOUTH COTABATO.

EXPLANATORY NOTE

A report of World Health Organization (WHO) defined noise as an “unwanted sound”

that can affect human health and well-being, including annoyance reaction, sleep disturbance,
interference with communication, performance effects, and effects on social behaviour. The
report further states that exposure to the excessive noise has been medically proven to cause
permanent hearing loss. This exposure to noise has also been associated with changes in blood
pressure, other cardiovascular changes, problems with the digestive system and general fatigue.

Moreover, motor vehicles with open pipe or modified mufflers are very distracting and
may cause accidents, since they overpower traffic sounds such as automobile horns and traffic
enforcer whistles. Furthermore, loud muffler noise agitates drivers as it affects hearing, vision,
reaction time and judgement thereby increasing the risk of danger for everyone in the road.

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 NOW THEREFORE, be it enacted by the SANGGUNIANG BARANGAY of
Poblacion in session assembled, that:

SECTION 1. TITLE. THIS ORDINANCE SHALL BE KNOWN AS “OPEN

PIPE/MODIFIED MUFFLER OF MOTOR VEHICLES.”

SECTION 2. DEFINITION OF TERMS:

a. Emission – refers to any measurable air contaminant, pollutant, gas stream or unwanted
sound from a known source which is passed into the atmosphere.

b. Motorcycle – refers to any two-wheeled motor vehicle with at least one headlight,
taillight and stoplight, and one or more saddle seats. For purposes of this ordinance, the
term shall likewise include motorcycles with attached cars, commonly known as
“tricycles.”

c. Motor vehicle – refers to any vehicle propelled by gasoline or by any means other than
human or animal power constructed and operated principally for the conveyance of
persons or the transportation of goods in a public highway or street open for public use.

d. Muffler – refers to a device that reduces the noise from the exhaust of an internal
combustion engine.

e. Open Pipe/Modified Muffler – refers to a device attached to a motor vehicle on which a

sound booster and other sound emitting devise is installed in order to increase noise and
for other purposes.

f. Noise – refers to any unnecessary, erratic, discordant loud or blaring sounds, which
annoys, disturbs, distracts or offend the senses.

g. Noise pollution – refers to the emission of loud, excessive, disturbing, unhealthy sound
amplification devices or equipment and/or other sources of sound such as, but not limited
to commercial, industrial and construction activities, vehicle exhaust, mufflers, animal
noise, and noise produced by human beings such as loud conversation and laughter and
found to exceed the normal allowable noise.

h. Nuisance – refers to anything that injures health, endangers life, offend the senses or
produces discomfort to the community.

i. Unnecessary Noise – refers to any unusually loud sound that annoys, disturbs, or
endangers the health, peace, safety and comfort of a person or causes injury or harm to
human beings and animals alike.

SECTION 3. POLICY. The protection of the health and well-being of the members of the
community should be the primordial concern of our society, hence, it is imperative that rules are
laid down and observed to protect them from the dangers of prolonged exposure to noise
pollution by unregulated use of motor vehicles which by reason of lack of maintenance,
deliberate tampering or inappropriate use, has missing, defective, or modified/open pipe mufflers
emitting loud and unnecessary noise disturbing the peace and harmony of nature.

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 Actions that endanger the environment from further degradation and those that are
discordant with a balanced and healthful development should be controlled and abated.
Operators and owners of motor vehicles should be made responsible for ensuring that noise from
their vehicles is kept within reasonable levels.

SECTION 4. MUFFLERS AND NOISE CONTROLLING DEVICES. No motor vehicles

shall be allowed to be driven or operated without having been properly equipped at all times,
with either a muffler or any noise dissipative device in constant operation and of sufficient
capacity to its motor engine to prevent the escape of excessive and disturbing noise.

Noise control should include both the exhaust system and engine components of a motor
vehicle.

SECTION 5. MODIFIED/OPEN PIPE AND DEFECTIVE MUFFLER. No motor vehicle,

motorcycle, motorbike, scooter, tricycle whether for private or public use shall likewise use any
open pipe/modified muffler, sound booster or any devise that will increase the noise of said
vehicle.

Any owner or operator of a motor vehicle who has caused or permitted a vehicle to be
used when its muffler or noise control equipment is defective or not secure in place shall
likewise be liable under this ordinance.

SECTION 6. EXCEPTION. Motor vehicles not utilized for transport of goods and people but
are merely used for sports competition, motor shows and similar endeavours are hereby
exempted from this Ordinance.

SECTION 7. IMPLEMENTING RULES AND REGULATIONS

a) Enforcement Procedures

The officer or enforcer shall issue a citation ticket to the violator, after reasonably believing
that a violation was committed and explaining the circumstances of such violation under this
Ordinance.

b) Penalties and Manner of Dealing with the Violators

Any person who drives a motor vehicle without a muffler or said motor vehicle has a
defective or modified muffler, sound booster or any devices that will increase the noise of
said vehicle, including the Motorcycle Repair Shop that installed the open pipe/modified
muffler shall be penalized as follows:

b.1. For the first offense, a fine of five hundred pesos (P500.00), confiscation of the
modified/open pipe muffler or sound booster, and temporary impoundment of the motor
vehicle until fine is paid at the Poblacion’s Barangay Treasurer’s Office and replacement of
the confiscated open pipe/modified muffler with a stock/standard muffler by the owner;

b.2. For the second offense, a fine of seven hundred fifty pesos (P750.00), confiscation of the
modified/open pipe muffler or sound booster, and impoundment of the motor vehicle for a
period of fifteen (15) days at the Barangay Action Center. Impounded motor vehicle shall be
released only upon payment of fine by the operator/owner at the Poblacion’s Barangay

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 Treasurer’s Office and replacement of the confiscated open pipe/modified muffler with a
stock/standard muffler by the owner;

b.3. For succeeding offenses, a fine of one thousand pesos (1,000.00), confiscation of the
open pipe/modified muffler or sound booster and impoundment of the motor vehicle for one
(1) month at the Barangay Action Center. Impounded motor vehicle shall be released only
upon payment of fine by the operator/owner at the Poblacion’s Barangay Treasurer’s Office
and replacement of the confiscated open pipe/modified muffler with a stock/standard muffler
by the owner;

b.4. Operator/Owner of Motorcycle Repair Shop

Any operator/owner of Motorcycle Repair Shop found installing open pipe/modified to

motor vehicles or violating any provision/s hereof shall be meted with the following
penalties:

1st OFFENSE - Five hundred pesos (500.00)

2nd OFFENSE - Seven Hundred-Fifty pesos (750.00)
3rd OFFENSE One thousand pesos (1,000.00), the business establishment
concerned faces automatic closure, the business permit of the
operator will be cancelled and the establishment padlocked. The
penalty will be lifted only after one year and upon completion of
necessary requirement, to wit:

Affidavit of Undertaking that the owner/operator will not violate

the ordinance again and that in case of any further violation by
such owner/operator, he/she shall be meted with the maximum
penalty of permanent closure of his/her business establishment.

c) Groups In Charge Of Implementation

The barangay security group such as Barangay Tanod, Barangay Peace Keeping Team
(BPAT) and Purok Chairpersons whom the Punong Barangay may deemed necessary to
designate, shall be in charged in the effective implementation and enforcement of this
ordinance with the supervision and/or coordination with the Polomolok Municipal Police
Station (PMPS). The BPATs shall be the lead group in implementing the provisions of this
Ordinance.

SECTION 8. APPROPRIATIONS. The amount needed for the implementation of this

Ordinance shall be charged against the current year’s appropriations of the Barangay. Such
amount as may be necessary for the continued implementation of this Ordinance shall be
included in the Annual Investment Plan (AIP).

SECTION 9. SEPARABILITY CLAUSE. If, for any reason, any part or provision of this
ordinance shall be held unconstitutional or invalid, other parts or provision hereof which are not
affected thereby shall continue to be in full force and effect.

SECTION 10. REPEALING CLAUSE. All ordinances or resolutions or part/s thereof which is
inconsistent with any of the provisions of this ordinance are hereby repealed, modified or
amended accordingly.

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SECTION 11. COPIES TO BE POSTED ON CONSPICUOUS PLACES. Copies of this
ordinance shall be posted on all conspicuous places within Barangay Poblacion, Polomolok,
South Cotabato.

SECTION 12. EFFECTIVITY. This Ordinance shall take effect fifteen (15) days after
approval of the Sangguniang Bayan.

Passed and approved during the 17th regular session of the Sangguniang Barangay of
Poblacion on the third and final reading on September 1, 2020 upon the motion of Hon. Isidro G.
Londres, unanimously seconded by the august Body.

I hereby certify to the correctness of the foregoing ordinance.

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