2014 - O - 06 AN ORDINANCE RECOGNIZING ONE ASSOCIATION/COOPERATIVE PER ZONE/ROUTE OF OPERATION FOR ALL PUBLIC UTILITY VEHICLES IN THE CITY OF OLONGAPO AND AUTHORIZING THE ASSOCIATION/COOPERATIVE TO ENDORSE AND SECURE CLEARANCES FOR THE ANNUAL VEHICLE INSPECTION AND RENEWAL OF IDENTIFICATION CARD FOR DRIVERS AND FOR OTHER PURPOSES

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION   OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON

FEBRUARY 19, 2014 AT THE CITY HALL.

PRESENT:

           

Hon. Rodel S. Cerezo - - - - - - - - - - - - - City Vice-Mayor & Presiding Officer

Hon. Eyrma Yvette Marzan-Estrella- - - - City Councilor

Hon. Eduardo J. Piano- - - - - - - - - - - - -        “       “

           Hon. Aquilino Y. Cortez, Jr. - - - - - - - - -       “       “

            Hon. Eduardo G. Guerrero- - - - - - - - - - -      “       “

            Hon. Benjamin G. Cajudo II - - - - - - - - -        “       “

Hon. Elena C. Dabu - - - - - - - - - - - - - - -       “       “

Hon. Noel Y. Atienza - - - - - - - - - - - - - -       “       “

Hon. Edna A. Elane-  - - - - - - - - - - - - - - -      “       “

Hon. Emerito Linus D. Bacay - - - - - - - - -       “       “

Hon. Randy D. Sionzon - - - - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

                        Hon. Alreuela M. Bundang-Ortiz - - - - - - - City Councilor

                                                                                         (On Official Business)

            WHEREAS, Republic Act No. 4645, otherwise known as the “City Charter of Olongapo,” and Republic Act No. 7160 otherwise known as the “Local Government Code of 1991” confers the City Government of Olongapo to enact all ordinances it may deem necessary and proper for the sanitation and safety, the furtherance of prosperity and the promotion of morality, peace, good order, comfort, convenience, and general welfare of the city and its inhabitants;

            WHEREAS, different transportation groups have a vital role in the improvement and development of transportation system in Olongapo City;

            WHEREAS, operators and drivers must have a legitimate representation in their respective zones/route of operation to express their sentiments and ideas to the city government;

            WHEREAS, the creation of the Olongapo Zambales Bataan Transport Federation, Inc. paved the way in the proper coordination with the city government and involvement of transport groups in efficient operation of traffic management and transportation issues;

            WHEREAS, there is a need to empower and encourage participation of the different associations/cooperatives in the creation of policies, rules and regulations involving the transportation system in Olongapo City;

            WHEREAS, an organized transportation group is essential for the betterment and effective delivery of public conveyances to the people of Olongapo;

            NOW THEREFORE, on motion of City Councilor Benjamin G. Cajudo II, with the majority decision of the Members of the Sangguniang Panlungsod present,

            RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to enact the following Ordinance:

Con’t. of Ordinance No. 06, Series of 2014.

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ORDINANCE NO.  06

(Series Of 2014)

AN ORDINANCE RECOGNIZING ONE ASSOCIATION/COOPERATIVE PER ZONE/ROUTE OF OPERATION FOR ALL PUBLIC UTILITY VEHICLES IN THE CITY OF OLONGAPO AND AUTHORIZING THE ASSOCIATION/COOPERATIVE TO ENDORSE AND SECURE CLEARANCES FOR THE ANNUAL VEHICLE INSPECTION AND RENEWAL OF IDENTIFICATION CARD FOR DRIVERS AND FOR OTHER PURPOSES

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED THAT:

            SECTION 1. SHORT TITLE. This Ordinance shall be known as “One Transport Association/Cooperative per Zone/Route of Operation Policy”

            SECTION 2. SCOPE AND COVERAGE. This Ordinance shall govern and apply to all public utility vehicles used to carry or transport passengers and cargoes in Olongapo City.

            SECTION 3. DEFINITION OF TERMS. As used in this Ordinance, the following terms shall be understood, applied and construed as follows:

3.1 Public Utility Vehicles (PUVs) refer to motor vehicles for hire and used to carry or transport passengers and/or cargoes.

3.2 Association/Cooperative refers to public transport group created and/or organized in their respective zones/route of operation with a common profession and interest related to public transportation.

3.3 Zone/Route of Operation refers to the following ordinances of the City which establishes the norms, boundaries and operations of public utility vehicles:

·      Ordinance No. 32, Series of 2001

·     Ordinance No. 36, Series of 2008

·      Ordinance No. 59, Series of 2006

·      Ordinance No. 13, Series of 1998

·    Ordinance No. 25, Series of 2004

·      Ordinance No. 31, Series of 2004

·      Ordinance No. 46, Series of 2008

            The term zone is used for motorized tricycles for hire, and route of operation is used for jeepneys, mini-buses and other types of public utility vehicle for hire.

3.4 Olongapo Zambales Bataan Transport Federation, Inc. refers to the organization composed of different transport associations and cooperatives existing in Olongapo City recognized by the city government.

            SECTION 4. RECOGNIZED PUBLIC UTILITY VEHICLE  ASSOCIATION /COOPERATIVE  PER ZONE/ROUTE OF OPERATION. The following associations/cooperatives recognized by the city government are the following:

4.1  PUBLIC UTILITY MOTORIZED TRICYCLES FOR HIRE

·         Zone I        -           Zone I Tricycle Operators and Drivers Association

·         Zone II       -           Zone II Tricycle Operators and Drivers Association

·         Zone III       -         Olongapo City Tricycle Operators and Drivers                                                             Association

Con’t. of Ordinance No. 06, Series of 2014.

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·         Zone III-A  -            Gordon Heights Tricycle Operators and Drivers                                                                                                              Association

·         Zone III-B  -           Forestry Tricycle Operators and Drivers Association

·         Zone IV     -           Barrio Barretto Tricycle Operators and Drivers     Association

·         Zone V      -           New Cabalan Tricycle Operators and Drivers  Association

·         Zone VI     -           Iram Pinagpala Tricycle Operators and Drivers Association

4.2  PASSENGER JEEPNEYS FOR HIRE

·         J-01 AND J-11      -Sta-Rita-Filtration-Gate Operators And Drivers Association

§  J-02, J-03, J-04      -Olongapo-Subic-Castillejos-San Marcelino Transport  J-08, J-09, J-12          Service Multi-Purpose Cooperative

·         J-05*                     -Kapisanan Gordon Heights Operators and Drivers                                   Association

·         J-05*                     -Gordon Heights Operators and Drivers Transport                            Service Cooperative

·         J-06                       -Cabalan Transport Service Cooperative

·         J-07                       -Dinalupihan-Olongapo Transport Cooperative

·         J-10                       -Kapisanan ng Tabacuhan-Sta Rita Operators and       Drivers             Association

·         J-13                       -Olongapo-Tipo Transport Service Cooperative

4.3  MINI-BUSES FOR HIRE

·         BOTSCI                         -Balanga-Olongapo Transport Service Cooperative

·         ARAYAT EXPRESS     -Arayat Express ,Inc.

·         ZAMODCA-TSMPCI     -Zambales Operators, Drivers and Conductors  Association Transport Service Multi-Purpose Cooperative

            SECTION 5.  AUTHORITY OF RECOGNIZED  ASSOCIATIONS/COOPERATIVES. The following are the authority of recognized associations/cooperatives provided hereunder.

5.1  Shall secure clearance and endorsement for their respective operator and driver members as additional requirement for renewing or availing the driver’s identification card issued by the city;

5.2  Shall secure clearance and endorsement for their respective operator and driver members as additional requirement for Annual Vehicle Inspection;

5.3  Shall require their respective operators and drivers to be their member;

5.4  Shall remind their respective operator and driver members to abide with the traffic rules and regulations provided by the city government;

5.5  Shall certify any documents and transactions required by law or any city legislations;

*Provided that two associations/cooperatives existing in J-05 shall be in provisional terms until such time the merging process is done.

Con’t. of Ordinance No. 06, Series of 2014.

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5.6  Shall issue certifications to their members for any purpose that may serve them;

5.7  Shall represent their members to any proceedings and/or meeting involving their interest and/or profession.

            SECTION 6. REVIEW AND OVERSIGHT COMMITTEE. The Review and Oversight Committee is hereby created solely to supervise, evaluate, and regulate any issues and concerns of the recognized associations/cooperatives particularly any abuse of authority, mismanagement and illegal actions prohibited by law. Authority granted hereto to any association/cooperative may be subject to revocation or suspension due upon hearing. The committee is composed of the following:

·         City Mayor or his/her duly authorized representative

·         City Council-Chairperson of the Committee on Transportation and Franchise

·         City Council-Chairperson of the Committee on Traffic Management

·         Head of Office of Traffic Management and Public Safety (OTMPS)

·         President of Olongapo Zambales Bataan Transport Federation Incorporation (OZBTFI) or his/her duly authorized representative

            SECTION 7. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions also apply:

7.1  Recognized associations/cooperatives shall have a representative or seat on the Olongapo Zambales Bataan Transport Federation, Inc.

7.2   No provisions in this Ordinance shall prohibit any person, individual or group to express their interest to organize, create or form an association related hereto.

7.3  All operator and driver members shall abide to their association’s rules and regulations not contrary to the policies and directives given by the city government.

7.4  Only the Review and Oversight Committee can abolish or grant the recognition of any association/cooperative existing in the city.

7.5  No provisions in this Ordinance shall prohibit any association/cooperative to secure recognition from other authorized agency/body in compliance with the existing law.

            SECTION 8.  PENAL PROVISION. Failure to comply with this Ordinance will exclude the public utility vehicle from required annual vehicle inspection and non-renewal of driver’s identification card issued by the City.

            SECTION 9.  EXIGENCY CLAUSE. The City Mayor, with the unanimous accord of the Review and Oversight Committee, may from time to time issue directives and/or rules and regulations as he/she may deem fit and necessary for the effective implementation of this Ordinance.

            SECTION 10. Let copies of this Ordinance be furnished the Office of Traffic Management and Public Safety, the City Planning and Development Office, the Olongapo Zambales Bataan Transport Federation Incorporation (OZBTFI), the different recognized public utility transport associations/cooperatives and the Department of Interior and Local Government.

            SECTION 11.  Let a copy of the Olongapo Zambales Bataan Transport Federation, Inc. Board Resolution No. 6, Series of 2013 entitled “ A Resolution Requiring All Public Utility Vehicle Cooperative/Association to have Only One (1) Organization per Zone/Route of Assignment” be made as an integral part of this Ordinance

Con’t. of Ordinance No. 06, Series of 2014.

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            SECTION 12. REPEALING CLAUSE. All other provisions of local ordinances, resolutions, orders, directives, rules and regulations that are inconsistent with this Ordinance are hereby repealed, modified or amended accordingly.

            SECTION 13. SEPARABILITY CLAUSE. If any provision of this Ordinance is declared unconstitutional and/or illegal, the remaining parts of this Ordinance shall not be affected and shall therefore be in full force and effect.

            SECTION 14. EFFECTIVITY CLAUSE. This Ordinance shall take effect fifteen (15) days upon approval and after posting of the same in three (3) conspicuous places in the city.

APPROVED,  February 19, 2014.

RODEL S. CEREZO

City Vice-Mayor & Presiding Officer

  EYRMA YVETTE MARZAN- ESTRELLA                            EDUARDO J. PIANO

                      City Councilor                                                          City Councilor

                        (opposed)                                                                    (opposed)

                                                                                                                           

             AQUILINO Y. CORTEZ, JR.                                            EDUARDO G. GUERRERO                 

                                City Councilor                                                                         City Councilor  

                                                                   

                       BENJAMIN G. CAJUDO II                                                   ELENA C. DABU

                                  City Councilor                                                              City Councilor             

                                                                                                              

                            NOEL Y. ATIENZA                                      ALREUELA M. BUNDANG-ORTIZ                             

                                City Councilor                                                                  City Councilor

                                                                                                                    (on official business))

                                                                                                 

                         EDNA A. ELANE                                                         EMERITO LINUS D. BACAY

                             City Councilor                                                                    City Councilor

RANDY D. SIONZON

President, Liga ng mga Barangay

ATTEST:

                MARIA VICTORIA PULMANO-BAVIERA

                                          Temporary  Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.

                                                                                                            ROLEN C. PAULINO

                                                                                                                       City Mayor

ATTEST:

                         SHEILA R. PADILLA

                        Secretary to the City Mayor

2009 R - 131 - REITERATING THE REQUEST OF THE CITY OF OLONGAPO TO THE LTFRB THRU CITY COUNCIL RESOLUTION NO. 36 SERIES OF 1989

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 9, 2009, AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - City Vice-Mayor & Presiding Officer

Hon. Gina Gulanes-Perez - - City Councilor

Hon. John Carlos G. Delos Reyes- - “ “

Hon. Edwin J. Piano - - - - “ “

Hon. Aquilino Y. Cortez, Jr.- - - “ “

Hon. Anselmo A. Aquino- - “ “

Hon. Elena C. Dabu- - - - - “ “

Hon. Jonathan G. Manalo- - - - - “ “

Hon. Cheenee F. Hoya- - - - SK Federation President

ABSENT:

Hon. Rodel S. Cerezo - - - - - - City Councilor

Hon. Sarah Lugerna Lipumano-Garcia- - - “ “

Hon. Angelito W. Baloy - - - City Councilor

(Vacation Leave)

RESOLUTION NO. 131

(Series of 2009)

A RESOLUTION REITERATING THE REQUEST OF THE CITY OF OLONGAPO TO THE LAND TRANSPORTATION FRANCHISING REGULATORY BOARD (LTFRB) THRU CITY COUNCIL RESOLUTION NO. 36 SERIES OF 1989 ENTITLED; “A RESOLUTION REQUESTING THE LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB) TO COURSE ALL APPLICATIONS FOR CERTIFICATE OF PUBLIC CONVENIENCE FOR OLONGAPO CITY THROUGH THE OFFICE OF THE CITY MAYOR FOR APPROPRIATE ENDORSEMENTS AND TO DECLARE OLONGAPO CITY AS A “SATURATED AREA” FOR PUBLIC UTILITY VEHICLES”

WHEREAS, Olongapo City is already hosting bus companies and transport cooperatives such as the Victory Liner, Saulog Transit, Arayat Transport, ZAMODCA, shuttle vans and taxis that travel to major destinations in Central Luzon, Baguio, Cavite and Metro Manila. There are more or less 400 buses and mini-buses that provide services to and from Olongapo City;

WHEREAS, it has come to our knowledge that the LTFRB has approved a bus service to and from Olongapo City with 15 buses of Genesis Transport to serve commuters. However, it was found out that in the process of such application, the bus line has not undergone consultation from the local government to which it will ply, in this case the Olongapo City Government, nor has sought endorsement from its leadership and the City Council and yet the LTFRB has granted its franchise;

WHEREAS, the endorsement of any additional land transport service in the City of Olongapo must undergo the established procedure of the proponent writing a letter of intent to the City Government and the City Council will deliberate on the merits for the endorsement of a certificate of public convenience service as manifested in City Council Resolution No. 36 Series of 1989 entitled “ A Resolution Requesting The Land Transportation Franchising And Regulatory Board (LTFRB) To Course All Applications For Certificate Of Public Convenience For Olongapo City Through The Office Of The City Mayor For Appropriate Endorsements And To Declare Olongapo City As A “Saturated Area” For Public Utility Vehicles”;

WHEREAS, Chapter 3, Section 25 – b of the Local Government Code provides; “National agencies and offices with project implementation functions shall coordinate with one another and with the local government units concerned in the discharge of these functions. They shall ensure the participation of local government units both in the planning and implementation of said projects”. And, under Section 455, (b)(1) xvi: “Call upon any official or employee stationed in or assigned to the city to advise him on matters affecting the city and to make recommendations thereon; coordinate with said official or employee in the formulation and implementation of plans, programs and projects; and, when appropriate, initiate an administrative or judicial action against a national government official or employee who have committed an offence in the performance of his official duties while stationed in or assigned to the citys”;

WHEREAS, paragraph 3 of the said City Council Resolution No. 36 Series of 1989 states that a verbal agreement was forged among then Chairman Remedios Salazar Fernando of the National Land Transportation Franchising and Regulatory Board, Director Lino D. Lomongo of the LTFRB, Region III and Mayor Richard J. Gordon of Olongapo City to the effect that no franchise to operate a public utility vehicle in Olongapo City shall be considered without the corresponding endorsement from the Mayor of Olongapo City;

WHEREAS, the same application should be reviewed by the City Planning and Development Office as well as the Office of Traffic Management and Public Safety with regard to the impact of the new bus transport service to the local traffic in terms of its proposed terminal and route. Furthermore, a study must be done on the significance of an additional bus firm to the existing companies that already serve the community;

WHEREAS, the approval of LTFRB of a new bus company to ply within the territorial jurisdiction of Olongapo City without the knowledge and endorsement of the Olongapo City Government will have dire effects on the local economy and the community as well in terms of traffic congestion and pollution;

NOW, THEREFORE, on motion of Councilor Aquilino Y. Cortez, Jr. with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to reiterate, as it hereby reiterates the request of the City of Olongapo to the Land Transportation Franchising Regulatory Board (LTFRB) thru City Council Resolution No. 36, Series of 1989 entitled; “A Resolution Requesting The Land Transportation Franchising And Regulatory Board (LTFRB) To Course All Applications For Certificate Of Public Convenience For Olongapo City Through The Office Of The City Mayor For Appropriate Endorsements And To Declare Olongapo City As A “Saturated Area” For Public Utility Vehicles.”

APPROVED UNANIMOUSLY, September 9, 2009.

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer

GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES

City Councilor City Councilor

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA

City Councilor City Councilor

(Absent) (Absent)

EDWIN J. PIANO ANGELITO W. BALOY

City Councilor City Councilor

(Vacation Leave)

AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO

City Councilor City Councilor

ELENA C. DABU JONATHAN G. MANALO

City Councilor City Councilor

CHEENEE F. HOYA

SK Federation President

ATTEST:

ELFLIDA S. SALMON

Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.

JAMES GORDON, JR.

City Mayor

ATTEST:

DELFIN A. JUICO, JR.

Secretary to the City Mayor

2007 O - 58 - AMENDING SECTION 1 OF ORDINANCE NO. 28, SERIES OF 2005 REQUIRING ALL DRIVERS OF PUBLIC UTILIY VEHICLES FOR HIRE TO ATTEND SEMINAR

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 30, 2007 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - - - - City Vice-Mayor & Presiding Officer Hon. Gina Gulanes-Perez - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes- - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr.- - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino- - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu- - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe- - - - - - - - - - - - - - - SK Federation President

ABSENT:

Hon. Angelito W. Baloy - - - - - - - - - - - - - - City Councilor (Sick Leave)
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - President, Liga ng mga Barangay
(Requested to be excused)


In the interest of public service and on motion of Councilor John Carlos G. delos Reyes, with the unanimous accord of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:

ORDINANCE NO. 58
(Series of 2007)

AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 28, SERIES OF 2005 REQUIRING ALL DRIVERS OF PUBLIC UTILIY VEHICLES FOR HIRE TO ATTEND A DEFENSIVE DRIVING SEMINAR

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. Section 1 of Ordinance No. 28, Series of 2005 shall be amended as follows:

All Drivers Of “For Hire” Public Utility Jeepneys, “For Hire” Public Utility Motorized Tricycles And “For Hire” Public Utility Mini-Buses In Olongapo City Should Undergo A YEARLY Seminar On How To Be A Better Driver A Defensive Driving Course, And For Other Purposes. Failure To Comply With This Ordinance Will Exclude The Vehicle From The Required Annual Vehicle Inspection And Non-Renewal Of Driver’s ID Issued By The City.

SECTION 2. This Ordinance shall take effect on January 2008.

APPROVED UNANIMOUSLY, October 30, 2007.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor


RODEL S. CEREZO MAREY BETH D. MARZAN
City Councilor City Councilor


SARAH LUGERNA LIPUMANO-GARCIA EDWIN J. PIANO
City Councilor City Councilor


ANGELITO W. BALOY AQUILINO Y. CORTEZ, JR
City Councilor City Councilor
(Sick Leave)


ANSELMO A. AQUINO ELENA C. DABU
City Councilor City Councilor


CARLITO A. BALOY ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President
(Requested to be excused)


ATTEST:

ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor
ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor