Full TEXT:

Republic of the Philippines

Tanggapan ng Sangguniang Panlungsod
J. Miranda Ave., City Hall, City of Naga
472-79-19

 

ORDINANCE NO. 2019-099
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AN ORDINANCE PROVIDING FOR THE SPEED LIMITS FOR ALL KINDS OF MOTOR VEHICLES WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF NAGA, AMENDING FOR THIS PURPOSE PERTINENT PROVISIONS OF CITY ORDINANCE NO. 93-049, OTHERWISE KNOWN AS “THE TRANSPORT AND TRAFFIC CODE OF NAGA CITY”, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, APPROPRIATING FUNDS FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES:-

Author: Councilor Joselito S.A. del Rosario

Co-Authors:

• Councilor Salvador M. del Castillo
• Councilor Elmer S. Baldemoro
• Councilor Jessie R. Albeus
• Councilor Antonio B. Beltran

 

EXPLANATORY NOTES

Every year, an estimated 1.2 million people die and over 50 million people are injured in road crash incidents across the world, with around 85% of these numbers coming from low- and middle-income countries. In 2011, the Philippines, through the Department of Transportation (DOTr), developed the Philippine Road Safety Action Plan (PRSAP) from year 2011 to 2020, with the goal of reducing the number of road crash incidents in the Philippines by 50% by year 2020. Since the development of the PRSAP, the number of road crashes have been steadily rising.

In the City of Naga, the number of road crashes is a cause for significant concern. In the year 2018, the City recorded, particularly in the area of Pacol alone, eight (8) road crashes resulting in five (5) fatalities and injuries to others, and with increasing motorization, these numbers are expected to rise. Accordingly, speeding has been noted as the most common contributor to road fatalities and is at the core of the road injury problem, as it influences both risk and crash severity, and as it largely affects vulnerable road users.

Because of this, the World Health Organization (WHO) prescribes the mandating of speed limits as one of the most effective interventions in reducing road crashes and road crash fatalities and injuries. Along this line, Section 35 and 38 of Republic Act No. 4136, otherwise known as “The Land Transportation and Traffic Code”, prescribes the maximum allowable speed for specific road classes and motor vehicles, and mandates local government units to classify roads within their jurisdiction for traffic purposes.

Under Sections 447 (a)(5)(vi) and 458 (a)(5)(vi) of Republic Act No. 7160, otherwise known as “The Local Government Code of 1991”, cities and municipalities have the power to regulate traffic in all streets and bridges within their territorial boundaries, and to enact measures that will enhance public health, safety, convenience, maintain peace and order, and promote the general welfare of their inhabitants.

In order to reduce the number of road crash incidents in the City of Naga and/or minimize their severity, there is a need to regulate speed limits in roads within its territorial jurisdiction. This is also in view of the mandates under R.A. 4136 and R.A. 7160 to the Sangguniang Panlungsod to classify roads and to regulate the use of all streets and bridges within its territorial jurisdiction.

Be it ordained by the Sangguniang Panlungsod of the City of Naga, that:

SECTION 1. Title. — This ordinance shall be known as “The Naga City Speed Limit Ordinance”.

SECTION 2. Purpose. — This is enacted to safeguard all road users within the territorial jurisdiction of the City of Naga, and to promote public health, safety and convenience.

SECTION 3. Coverage. — This ordinance shall apply to all types of motor vehicles driven within, or passing through the City of Naga, and the drivers and owners thereof.

SECTION 4. Interpretation. — Words and phrases not defined in this ordinance shall be given their plain or customary meanings, unless the context requires otherwise. All words, phrases and provisions shall be interpreted in a manner that is consistent with the purposes and objectives of this ordinance.

SECTION 5. Definition of Terms. — As used in this ordinance, the following terms and phrases shall be defined and to mean as follows:

• (a) City streets — shall refer to the roads within the city proper (Centro), roads that connect to the national and provincial roads, and roads that provide inter-barangay connections to major municipal and city infrastructure without traversing provincial roads, within the jurisdiction of the City of Naga, not otherwise designated as national roads, provincial roads, barangay roads, and crowded streets.
• (b) Crowded streets — shall refer to streets with heavy pedestrian traffic, including all streets within 500-meter radius of the perimeter of the schools, public transport terminals, markets, government buildings, churches and other places of worship, recreational places, facilities frequented by the youth, parks, shopping malls, movie houses, hotels, restaurants, and other public places as may be determined by the city government.
• (c) Driver — shall refer to any person operating a motor vehicle;
• (d) 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;
• (e) Law Enforcement Officer — shall as appropriate, refer to the members of the Philippine National Police (PNP), members of the Public Safety Office (PSO), and other public officers, such as barangay officials, barangay tanods, or volunteers, authorized or deputized by the City Government to enforce this ordinance;
• (f) Motor vehicle — shall refer to any vehicle propelled by any power other than muscular power using public highways, but excepting roads rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on public highways, vehicles that run only on rails or tracks, or 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, electric motorcycles, and electric cars shall be considered as vehicles;
• (g) Open road — shall refer to the roads with no blind corners, not closely bordered by habitations and clear of traffic. Commonly, national highways and provincial roads are open roads;
• (h) 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 (LTO);
• (i) Road — shall refer to any public highway, street, thoroughfare, alley, boulevard, and the like within the territorial jurisdiction of the City of Naga;
• (j) Speed enforcement camera — shall refer to camera-based speed enforcement systems that may be installed on highways or used by law enforcers to determine the speed of motor vehicles for purposes of detecting violations of speed limits;
• (k) Speed gun — shall refer to a speed measuring device using radar detection and ranging (RADAR) or light detection and ranging (LIDAR) technologies for the purpose of determining the speed of motor vehicles;
• (l) Through streets — shall refer to the roads with no blind corners, closely bordered by habitations and clear of traffic. Through streets shall have a speed limit of 40kph;
• (m) Traffic & Common Violations Receipt (TCVR) — shall mean the ticket issued by law enforcement officers who are authorized or deputized by the City Government of Naga for a violation of traffic or common ordinances.

SECTION 6. Speeding.

• (a) No person shall drive a motor vehicle on any road in the city at a rate of speed greater than that permitted by this ordinance;
• (b) No person shall drive a motor vehicle at a speed that is not appropriate for the width, traffic, grades, crossing, curvatures, visibility, or other condition of the road, as to endanger the safety of road users and their property;
• (c) No person shall drive a motor vehicle at a speed greater than that which will permit the vehicle to stop within the assured clear distance ahead, in order to prevent a road crash.

SECTION 7. Speed Limits.

(a) Subject to the provisions of the preceding paragraph and unless otherwise provided herein, the speed limit on all streets within the territorial jurisdiction of the City of Naga shall be 30kph for all motor vehicles;

(b) Specifically, the following speed limits shall apply to the roads and motor vehicles identified below:

 

Road Classification (per Section 35 (b), R.A. 4136)	Road Covered	Maximum Allowable Speed (kph): Passenger Cars, Motorcycles and Similar Vehicles	Maximum Allowable Speed (kph): Motor Trucks, Buses, and Similar Vehicles
A. Open Road (National Road, primary)	• Peñafrancia corner Magsaysay to Rotonda Concepcion • Rotonda Concepcion to Rotonda Tabuco (Roxas Avenue) • Rotonda Tabuco to Boundary Milaor-Naga • Panganiban Drive	40kph	30kph
B. Open Road (National Road, secondary)	• Peñafrancia-San Felipe-Pacol-Carolina-Panicuason Road • M.T. Villanueva Avenue • Rotonda Concepcion to Del Rosario-boundary Pili • Almeda Highway • Bagumbayan Norte-Bagumbayan Sur-Elias Angeles-Caceres St-Biaknabato-Fraternidad • From corner Magsaysay Balatas to San Isidro	40kph	30kph
Through Streets (Provincial Road)	• From corner Peñafrancia-Magsaysay to San Francisco • Mabolo-Gainza road • Caceres Street • Gen. Luna • Abella Street • Dayangdang • Mayon Avenue • Queborac Road going to Abella • Jacob to Calauag	40kph	30kph
City Streets (Roads within Centro)	• J. Miranda Avenue	30kph	30kph
City Streets (Roads outside Centro)	• Pacol Junction to San Isidro (Nursery Road) • San Isidro to Carolina Road	30kph	30kph

• (c) Crowded streets — Anytime of the day, when actual traffic road condition requires, all motor vehicles shall reduce speed and observe a speed limit of 20kph before approaching any critical segments of the national highways, city roads and barangay roads.

SECTION 8. Exceptions. — The speed limits as prescribed in Section 7 above shall not apply to drivers and owners in the following circumstances, provided that these exemptions shall not be construed to allow unnecessary fast driving or endanger the life, health, or property of any person:

• (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 a road crash or other emergency;
• (c) Any driver bringing a wounded, injured, 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 purpose in times of riot, insurrection or invasion;
• (e) The driver of a motor vehicle, when he/she is in pursuit of a criminal;
• (f) A law enforcement officer who is trying to overtake or apprehend a violator of traffic laws;
• (g) The driver officially operating a motor vehicle of any fire department, while responding to an emergency.

SECTION 9. Lead Agency. — The Public Safety Office (PSO) is hereby designated as the lead agency in implementation and enforcement of this ordinance. It shall enlist the support and assistance of other law enforcement agency/ies for this purpose.

SECTION 10. Responsibilities of the Public Safety Office. — The Public Safety Office (PSO) shall, in addition to other functions stated in other pertinent ordinances, orders, or policy issuances, shall have the following functions:

• (a) Enforce this ordinance by apprehending offending drivers/motor vehicle, issuing TCVRs, and resolving protests, without prejudice to the authority of the Land Transportation Office (LTO) to enforce traffic rules and regulations including reckless driving;
• (b) Coordinate the Philippine National Police in the City of Naga, barangay officials, and other deputized law enforcement officers to harmonize deployment for field operations within the city;
• (c) Train traffic officers on the use of speed guns, speed enforcement cameras, and other enforcement strategies, in coordination with LTO;
• (d) Ensure connectivity with the current LTO Information Systems (IT) to allow for uploading of the details of drivers who failed to pay their fines and other penalties, and redeem their driver’s license. In case where the connection with the LTO IT system has not yet been established, the Public Safety Office shall submit a quarterly report to the Regional LTO containing the relevant information;
• (e) Cause the installation of speed limit signs, in accordance with the speed limits provided in Section 7;
• (f) Conduct public information campaigns on speed limit enforcement and road safety;
• (g) Submit budget plan for the implementation and enforcement of speed limits, which shall include, among others, the installation and maintenance of speed signs, procurement and maintenance of speed guns and speed enforcement cameras, construction of infrastructure and other engineering designs to manage or calm speed in coordination with City Engineer’s Office and/or DPWH;
• (h) Perform other tasks as may be assigned by the Sangguniang Panlungsod and the Office of the City Mayor for the purpose of effective implementation of this ordinance.

SECTION 11. Speed Limit Signs. — The Public Safety Office (PSO) is hereby directed to install appropriate traffic signs indicating the speed limits on all roads within the city. For national and provincial roads, the PSO shall coordinate with the DPWH on the installation of appropriate speed limit signs in conformity with the standards prescribed by the DPWH Manual on Highway Safety Design Standards.

SECTION 12. Enforcement Procedure. — The enforcement of speed limits within the City of Naga shall be conducted in accordance with the following procedure:

• 12.1. Violation of Section 6 (a) Detected Using Speed Guns:
  • 12.1.a Upon detection of violation to Section 6 (a) using speed guns, law enforcement officers shall flag the offending driver or motor vehicle down;
  • 12.1.b Upon apprehension, the law enforcement officer shall inform the offending driver of the violation and show him the speed detected by the speed gun. The law enforcement officer shall demand the presentation of driver’s license of the offending driver and motor vehicle certificate of registration and official receipt of registration, and shall issue a TCVR to the offending driver;
  • 12.1.c The law enforcement officer shall indicate the following details on the TCVR:
    • 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 is committed
  • 12.1.d The driver shall have three (3) working days within which to settle the fine or to file a protest in accordance with Section 13 hereof. Failure to file a protest within the period shall be deemed a waiver of right to protest and shall result in the automatic resolution of the violation against the registered owner.
• 12.2. Violation of Section 6 (a) Detected Using Speed Enforcement Cameras:
  • 12.2.a Upon detection of violation to Section 6 (a) using speed enforcement cameras, the PSO shall issue a notice to the registered owner of the motor vehicle via registered mail;
  • 12.2.b The notice shall indicate the speed limit of the road where the violation was committed and shall include a photograph of the vehicle with speed detected by the camera at the time of violation legibly shown;
  • 12.2.c The registered owner shall be presumed to be the driver of the motor vehicle unless he/she can prove that the motor vehicle was driven by another person;
  • 12.2.d The registered owner shall have three (3) working days from the date of the receipt of the notice within which to settle the fine indicated in the notice, or to file a protest. Failure to file a protest within the period shall be deemed a waiver of the right to protest, and shall result in the automatic resolution of the violation against the registered owner;
  • 12.2.e In case of a protest based on the identity of the owner, the registered owner shall have the duty to provide under oath the name of the driver of the motor vehicle, his known address, and other details as may be required by the PSO. Except in cases where the protest is based on stolen vehicles, no protest based on the identity of the driver shall be allowed unless the alleged driver at the time of violation is identified;
  • 12.2.f Upon finding that the registered owner is not the driver of the motor vehicle at the time of the violation, the PSO shall send a notice to the driver, as identified by the registered owner, subject to the requirements of Section 12.2.b and 12.2.d above.
• 12.3. Apprehension for Speeding under Section 6 (b) and (c):
• 12.3.a Where a driver is found to have violated Section 6 (b) and (c) of this ordinance, the offense shall be considered “reckless driving”. The law enforcement officer shall flag down the driver and inform him of the violation and the circumstances surrounding the violation;
• 12.3.b Upon apprehension, the law enforcement officer shall inform the offending driver of the violation, demand the presentation of the driver’s license of the offending driver and motor vehicle certificate of registration and official receipt of registration, and shall issue a TCVR to the driver; refusal of the driver to show, shall constitute another offense or violation;
• 12.3.c The law enforcement officer shall indicate the following details on the TCVR:
  • i. Name and address of the driver
  • ii. Driver’s license number and date and place of issuance
  • iii. Name of motor vehicle owner
  • iv. Certificate of registration number
• 12.3.d The driver shall have three (3) working days within which to settle the fine or to file a protest. Failure to file a protest within the period shall be deemed a waiver of the right to protest and shall result in the automatic resolution and violation against the registered owner.
• 12.3.e Protests arising from the implementation of this Ordinance shall be governed by the pertinent provisions of Ordinance 93-049.

SECTION 13. Fines and Penalties.

• 13.1. Fines and Concurrent Penalties — Any person who violates this ordinance shall be subject to the following penalties:

 

Offense	Fine	Accessory Penalty
First offense	₱ 3,000.00	Four (4) hour seminar on road safety
Second offense	₱ 4,000.00	Four (4) hour seminar on road safety and three (3) hours of community service
Third offense	₱ 5,000.00	Impoundment of motor vehicle and/or imprisonment of not less than thirty (30) days, at the discretion of the court

 

• 13.1.a A certificate of compliance with the road safety seminar and/or community service shall be required before the offender shall be allowed to pay the corresponding fine.
• 13.2. Impoundment — In the event that the motor vehicle involved in a speeding violation is found to have been involved in a violation of Section 6 hereof for the third and subsequent offenses, the vehicle shall be impounded for five (5) days.
• 13.3. Filing of Case — The Public Safety Office with the assistance of the City Legal Officer, shall be responsible for the filing of cases before the appropriate court for those who had committed third and subsequent violations of this ordinance.

SECTION 14. Effects of Failure to Settle Fines and Serve Penalties.

• (a) In the event of the failure of the offending driver/registered owner to settle the fines and penalties within the period prescribed in this ordinance, the PSO shall file a complaint with the appropriate court for the necessary litigation;
• (b) The PSO shall also submit the details of the offending driver and registered owner to the Land Transportation Office, requesting the said office to hold in abeyance the registration/renewal of the motor vehicle involved in the violation until such time that the fine is settled;
• (c) The unpaid fine shall be subject to an interest rate of one percent (1%) per month, but in no case shall exceed 72 months;
• (d) For purposes of this Section, a Memorandum of Agreement between the City Government of Naga and Land Transportation Office (LTO) is desired for the effective implementation of this Ordinance and in keeping with the policy of the State to protect lives and properties and to keep our roads safe from crashes and harm.

SECTION 15. Appropriation.

• (a) The amount of One Million Five Hundred Thousand Pesos (P1.5M) is hereby appropriated from general fund for the first year of implementation of this ordinance for the following projects/activities:
  • (1) Procurement of speed guns
  • (2) Procurement and installation of speed enforcement cameras
  • (3) Manufacture and installation of speed limit signs
  • (4) Training of law enforcement officers
  • (5) Publication of speed limits
  • (6) Printing of TCVR
  • (7) Additional human resources
  • (8) IT requirements for connectivity with the LTO IT Systems
• (b) Appropriation for the implementation and enforcement of this ordinance shall be included in the annual budget of the Public Safety Office.
• (c) Out of the collection, a certain percentage is hereby allocated for the implementation of road safety ordinances, in particular the herein speed limit ordinance.

SECTION 16. Data Collection, Monitoring and Evaluation.

• (a) TCVRs issued by a law enforcement officer to an offending driver/registered owner for violation of this ordinance, shall be submitted to the PSO within twenty-four (24) hours from the time of issuance thereof;
• (b) The PSO shall collect road crash data from police reports and data sources such as hospitals, barangay reports, etc. and shall monitor and evaluate the impact of this ordinance on the number of road crashes, road crash fatalities and injuries, among others. The PSO shall likewise collect data on the number of apprehension, fines collected, cases resolved, and other relevant data pertaining to the enforcement of this ordinance;
• (c) Road crash data shall be collected and encoded by the PSO thru the Traffic Accident Reporting and Monitoring Center. It may use the format of the DOTr’s Data for Road Incident Visualization Evaluation and Reporting (DRIVER) system;
• (d) These reports shall be submitted to the Office of the City Mayor and to the Sangguniang Panlungsod on or before January 30 of the succeeding years, for purposes of periodic review of transport and traffic ordinances and the development of road safety policies.

SECTION 17. Information, Education and Communication (IEC) Campaign. — The PSO, in coordination with appropriate offices, shall conduct a massive and continuing information, education and communication campaign on speed limits within the City of Naga.

SECTION 18. Oversight Committee. — An Oversight Committee is hereby created for the purpose of full and proper implementation of this ordinance.

• 18.1 Composition:
  • Chairman: SP Chairman, Committee on Public Safety, Peace & Order and Disaster Management
  • Members:
    • SP Members, Committee on Public Safety and Disaster Management and the Committee on Transport
    • Liga ng mga Barangay President
    • Representative from PNP-NCPO
    • Representative from DPWH-3rd Engineering District
    • Representative from City Engineer’s Office
    • Representative from City Planning and Development Office
• 18.2 Functions:
  • 18.2.a Monitor the implementation of this Ordinance;
  • 18.2.b Conduct periodic review and general assessment of the Speed Limit Ordinance, with the end in view of determining the need for amendment, modification or revision of the ordinance to be submitted to the Sangguniang Panlungsod;

SECTION 19. Separability Clause. — Any provision or portion of this ordinance found to be in violation of the Constitution or invalid shall not impair the other provisions or parts thereof and shall remain in full force and effect.

SECTION 20. Repealing Clause. — Pertinent provisions of City Ordinance No. 93-049, otherwise known as “The Transport and Traffic Code of Naga City”, and all other existing ordinances, rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this ordinance are hereby repealed, modified and/or supplemented accordingly.

SECTION 21. Effectivity. — This ordinance shall take effect after publication in a newspaper of general circulation in the City of Naga.

 

ENACTED: December 5, 2019

 

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

 

GIL A. DE LA TORRE

Secretary to the Sangguniang Panlungsod

 

CECILIA VELUZ-DE ASIS

City Vice Mayor & Presiding Officer

 

APPROVED:

NELSON S. LEGACION
City Mayor