t

Republic of the Philippines

PROVINCE OF ZAMBOANGA DEL SUR
SANGGUNIANG PANLALAWIGAN
Pagadian City

OFFICE OF THE SECRETARY TO THE SANGGUNIANG PANLALAWIGAN

PROVINCIAL ORDINANCE NO. 015-2019

Authored by: Hon. Juan C. Regala

AN ORDINANCE REGULATING THE SPEED OF MOTORIZED VEHICLES

PLYING INSIDE THE ZAMBOANGA DEL SUR PROVINCIAL GOVERNMENT
COMPLEX IN BARANGAY DAO, PAGADIAN CITY, PROVIDING PENALTIES
FOR THE VIOLATION THEREOF, AND APPROPRIATING FUNDS FOR THIS
I'URPOSE.

WHEREAS, over speeding is the core of road mishaps and accidents and it
significantly puts into risk the safety of street users such that the setting and strong
enforcement of speed limits becomes imperative to deter their occurrence;

WHEREAS, Section 16 of the Local Government Code of 1991 or the General

Welfare Clause provides that "every local government unit shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as powers necessary,
appropriate, or incidental for its efficient and effective governance, and those which are
essential to the promotion of the general welfare." xxx xxx xxx. Hence, pursuant to
the said provision, the Provincial Government of Zamboanga del Sur has the power to
exercise any act that will benefit their constituencies;

WHEREAS, Section 468 of the same Code provides that the Sangguniang
Panlalawigan, as the legislative body of the province, has the power to enact ordinances,
approve resolutions and appropriate funds for the general welfare of the province and
its inhabitants pursuant to Section 16, 17, and other pertinent sections of the Code;

NOW, THEREFORE, be it enacted by the Sangguniang Panlalawigan of the

Province of Zamboanga del Sur, in regular session assembled, that:

Section 1. Title. This Ordinance shall be known as "AN ORDINANCE

REGULATING THE SPEED OF MOTORIZED VEHICLES PLYING INSIDE THE
ZAMBOANGA DEL SUR PROVINCIAL GOVERNMENT COMPLEX IN
BARANGAY DAO, PAGADIAN CITY, PROVIDING PENALTIES FOR THE
VIOLATION THEREOF, AND APPROPRIATING FUNDS FOR THIS PURPOSE."

Section 2. Purpose. - This Ordinance is enacted to safeguard all street users

inside the Zamboanga del Sur Provincial Goveinment Complex and to promote public
health, safety, and convenience.

Section 3. Coverage. - This Ordinance shall apply to all types of motor vehicles
driven inside the Zamboanga del Sur Provincial Government Center including the
drivers and owners thereof.

Section 4. Interpretation. - All words, phrases, and provisions shall be

interpreted in a manner that is consistent with the purpose and spirit of this Ordinance.

Section 5. Definition of Terms. - The following words shall have meanings

ascribed to them under this Section:

a) Driver - shall refer to any person operating a motor vehicle.

Yi
I~
a 0
b) Impoundment - shall refer to the act of placing a motor vehicle in a
designated impoundment or holding lot by an authorized traffic law
enforcement officer.

c) Motor Vehicle - shall refer to any vehicle propelled by any power other than
muscular power using the public highways, but excepting road rollers,
trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders,
fork-lifts, amphibian trucks, and cranes if not used on public highways,
vehicles that run only on rails or tracks, and tractors, trailers and traction
engines of all kinds used exclusively for agricultural purposes. Private cars,
private jeepneys, utility mini-buses, passenger jeepneys, trucks of all kinds,
motorcycles, and tricycles, vans, electronic motorcycles, and electric cars shall
be considered as vehicles.

d) Owner - shall refer to the person in whose name the motor vehicle is
registered, as indicated on the Certificate of Registration issued by the Land
Transportation Office.

Section 6. Speed Limit. - Unless otherwise provided herein, the speed limit
inside the Zamboanga del Sur Provincial Government Complex shall be 20 to 30
kilometers per hour (kph) for all motor vehicles.

Section 7. Exceptions. - The speed limit prescribed under Section (6) shall not
apply to drivers or owners in the following circumstances, provided that these
exceptions shall not be construed to allow unnecessary fast driving or endanger the life,
health, or property of any person inside the Zamboanga del Sur Provincial Government
Complex:

a) The driver of a motor vehicle carrying a physician or health worker who is

responding to an emergency call;
b) The driver of a hospital ambulance or emergency vehicle on the way to and
from the place of accident or other emergency;
c) Any driver bringing a wounded or sick person for emergency treatment to a
hospital, clinic, or any other similar place;
d) The driver of a motor vehicle belonging to the Armed Forces while in use for
official purposes in times of riot, insurrection or invasion;
e) The driver of a vehicle, when he or his passengers are in pursuit of a criminal;
f) A law enforcement officer who is trying to overtake a violator of traffic laws;
and
g) The driver officially operating a motor vehicle of any fire department in times
of emergency.

Section & Implementing Agency. - The duly authorized security agency which
is contracted by the Provincial Government is hereby designated as the implementing
agency for the implementation and enforcement of this Ordinance and shall be
responsible for the general supervision of and coordination with support agencies and
offices.

Section 9. Responsibilities of the Implementing Agency. - The Implementing

Agency shall be responsible for the enforcement of this Ordinance and other tasks. In the
enforcement of this Ordinance, the Security Agency shall:

a) Cause the installation of speed limit signs, in accordance with the speed
limits provided in Section 6 hereof;
b) Assign traffic law enforcement officers for the enforcement of speed
limits inside the Zamboanga del SUE Provincial Government Center;
c) Enforce this Ordinance, through the traffic law enforcement officers, by
apprehending offending drivers, issuing traffic citation tickets (TCTs),
without prejudice to the authority of the Land Transportation Office
(LTO) to enforce traffic rules and regulations, including reckless driving;

> SI
I,

O
d) Coordinate with the Philippine National Police, barangay officials, and
other deputized law enforcement officers to harmonize deployment and
field operations inside the Zamboanga del Sur Provincial Government
Center; and
e) Train law enforcement officers on the use of speed guns, speed
enforcement cameras, and other speed enforcement strategies, in
coordination with the LTO.

Section 10. Speed Limit Signs. - The General Services Office is hereby directed
to install appropriate traffic signs indicating the speed limit inside the Zamboanga del
gun Provincial Government Center. The speed limit sign shall conform to the standards
prescribed by the DPWH Manual on Highway Safety Design Standards.

Section 11. Enforcement Procedure. - For the efficient enforcement of this

Ordinance, the following procedure shall be observed:

a) Upon violation of Section (6) hereof, the traffic law enforcement officer
shall flag down the offending driver or motor vehicle;
b) Upon apprehension, the traffic law enforcement officer shall inform the
offending driver of the violation. The traffic enforcement officer shall

law
demand the presentation of the driver's license of the offending driver
and motor vehicle certificate of registration and official receipt of
registration;
c) The traffic law enforcement officer shall indicate the following details on
the TCT:
i. Name and address of the driver
ii. Driver's license number and date and place of issuance
iii. Driver's birth date
iv. Name of motor vehicle owner
v. Certificate of registration number
vi. Speed registered on the speed gun
vii. Speed limit on the road where the violation was committed
d) Upon issuing the TCT to the offending driver, the traffic law enforcement
officer shall confiscate the driver's license. The TCT shall be valid as a
temporary operator's permit for a period of seventy-two (72) hours from
the time of its issuance;
e) The driver shall have seven (7) days within which to settle the fine in
accordance with Section 12 hereof.

Section 12. Fines and Concurrent Penalties. - Any person who violates this
Ordinance shall be subject to the following penalties:

Offense Fine Concurrent Penalty

First Offense Php 1,000.00 to Php Four (4) hours seminar on
2,000.00 road street safety.
Second Offense Php 2,000.00 to Php Eight (8) hours seminar on
3,000.00 street safety.
Third and subsequent Php 3,000.00 to Php Impoundment of motor
offenses 5,000.00 vehicle and imprisonment
of not more than one (1)
year, at the discretion of the
court.

Section 13. Impoundment. - In the event the motor vehicle involved in a

speeding violation is found to have been involved in violation of Section 6 of this
Ordinance for the third and subsequent offenses, the vehicle shall be impounded for five
(5) days. The driver's license of the driver of the offending motor vehicle shall not be
released until the term of the impoundment of the motor vehicle has been served. The
offending driver shall present the offending motor vehicle for impoundment at the
designated impoundment lot.

A
 O 0
Section. 14. Imprisonment. - The Security Agency, with the assistance of the
Provincial Legal Officer, shall be responsible for the filing of cases in the appropriate
court for the third and subsequent violations of this Ordinance.

Section 15. Effect of failure to settle fines and serve penalties. - In the event of
failure settle the fines or penalties within the period provided in this Ordinance, the
to
Security Agency shall file a complaint before the appropriate court for the enforcement
of said fines and penalties and shall also submit the details of the offending driver and
registered owner to the LTO, requesting the said office to hold in abeyance the
registration of the motor vehicle involved in the violation until such time that the fine is
settled or the penalty is served.

The unpaid fine shall be subject to an interest rate of one percent (1%) per month,
but shall in no case exceed seventy-two (72) months.

Section 16. Appropriation. - The amount of Two Hundred Thousand (Php

200,000.00) pesos from the general fund of the province is hereby appropriated for the
first year of implementation of this Ordinance, for the following purposes:

1. Procurement of speed guns

2. Training of law enforcement officers
3. Manufacture and installation of speed limit signs
4. Publication of speed limits
5. Additional human resources
6. Printing of TCT
7. IT requirements for connectivity with the LTO IT System
8. ProOireiti t of Closed-Circait Television (CCTV) Units

All fines collected pursuant to this Ordinance shall be earmarked for

implementation of street safety ordinances and policies in addition to the budget to be
appropriated from the general fund for subsequent years, which shall not be less than
the amount of the prior year's appropriation.

Section 17. Procurement. - The Office of the Governor is hereby authorized to

cause the procurement of speed guns, speed limit signs, and TCTs in accordance with
the above budget program and in compliance with Republic Act No. 9184 or the
Government Procurement Reform Act.

Section 18. Data Collection, Monitoring and Evaluation. - All TCTs shall be
submitted by the traffic law enforcement officer to the Provincial Treasurer within
twenty-four (24) hours from the time of issuance thereof.

Section 19. Review of Speed limits. - The Provincial Disaster Risk Reduction
and Management Officer conduct a review of the speed limits provided in this
Ordinance every year to ensure that the speed limits are appropriate for the actual street
conditions.

Section 20. Information, Education, and Communication Campaign. - The

Provincial Information Officer shall conduct a continuing information, education, and
communication campaign on the speed limit inside the Zamboanga del Sur Provincial
Government Complex, the impact of the implementation of this Ordinance, and other
speed enforcement activities.

Section 21. Separability Clause. - If for any reason any portion or provision of
this Ordinance is declared unconstitutional or invalid, the other sections or provisions
hereof which are not affected thereby shall continue to be in force and effect.
Section 22. Effectivity. - This Ordinance shall take effect within fifteen (15) days
after its publication in a newspaper of general circulation within the province of
Zamboanga del Sur and after posting of copies of this Ordinance in conspicuous
locations within the province of Zamboanga del Sur for a period of fifteen (15) days.
 ENACTED AND APPROVED this 17th day of October 2019 during the 15th
Regular Sessio of the 10th Provincial Board at the SP Session Hall of SP Building,
Provincial Goveei nent Center, Barangay Dao, Pagadian City, Philippines.

VERIFIED: ATTESTED:

FRANCISVjC S. VILLAMERO ROSELLER.II ARIOSA

Floor Leader Presiding Officer

APPROVED:

I HEREBY CERTIFY that the foregoing is an accurate and true excerpt of the
Minutes of the Session per availa3 le records of this Office:

ANNAIIYN OBATE-ABSIN, RN, CESE

Secretary o the Sangguniang Panlalawigan