DRAFT ORDINANCE NO.

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WITHDRAWING THE AUTHORITY GRANTED TO THE CITY MAYOR’S

OFFICE (CMO) TO PROCESS AND ISSUE TRICYCLE FRANCHISES.

WHEREAS, Section 5 of Article II of the 1987 Philippine Constitution

states that: “The maintenance of peace and order, the protection of life, liberty,
and property, and promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy”;

WHEREAS, Section 16 of RA 7160 otherwise known as the Local

Government Code of 1991, states as follows:

Section 16. General Welfare. - 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. Within their respective territorial
jurisdictions, local government units shall ensure and support,
among other things, the preservation and enrichment of
culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the
development of appropriate and self-reliant scientific and
technological capabilities, improve public morals, enhance
economic prosperity and social justice, promote full
employment among their residents, maintain peace and order,
and preserve the comfort and convenience of their
inhabitants.

WHEREAS, under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, certain functions of the Department of
Transportation and Communication (DOTC) were transferred to the LGUs.
Thus, Section 458. Powers, Duties, Functions and Compensation, states that:

xxx xxx xxx

(3) Subject to the provisions of Book II of this Code, enact

ordinances granting franchises and authorizing the issuance
of permits or licenses, upon such conditions and for such
purposes intended to promote the general welfare of the
inhabitants of the city and pursuant to this legislative
authority shall:

xxx xxx xxx

(vi) Subject to the guidelines prescribed by the Department of

Transportation and Communications, regulate the operation of
tricycles and grant franchises for the operation thereof within
the territorial jurisdiction of the city;

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WHEREAS, the City Government likewise aims to provide effective

measures for a systematic, balanced, adequate and disciplined public
transportation system;
 WHEREAS, the drivers and operators from the different tricycle
associations of the city of Panpacific appealed for the transfer of authority
granting Tricycle Franchises back to the Sangguniang Panlungsod;

WHEREAS, due to exigencies and demands of progress and the rapid

urbanization of the City of Panpacific, there is a need to withdraw the authority
granted to the City Mayor’s Office (CMO) to process and issue tricycle
franchises;

WHEREFORE, on joint motion of Councilors _______________ and

___________________, duly seconded by Councilor ________________________, be it
ordained by the Sangguniang Panlungsod of the City of Panpacific in a regular
session assembled that:

Section 1. AUTHORITY TO ISSUE TRICYCLE FRANCHISE. The authority to

process and issue franchises to Public Utility Tricycles (PUTs) and accreditation
of drivers earlier granted to the City Mayor’s Office (CMO) is hereby withdrawn.

All issuances relating to the processing of Tricycle Franchises shall now belong
to the Sangguniang Panlungsod.

Section 2. REPEALING CLAUSE. All conflicting sections of ordinances relative

to the issuance of tricycle franchises, such as Section 3 and 10 of Ordinance
No. 2130-2018, entitled: Revised Comprehensive Tricycle Franchise Ordinance
of 2018 in the City of Panpacific, are hereby repealed.

All other ordinances, rules and regulations in conflict with the provisions
of this Ordinance are hereby repealed; provided that the rights that are vested
upon the effectivity of this Ordinance shall not be impaired.

Section 4. EFFECTIVITY CLAUSE. This Ordinance shall take effect upon

approval.

ENACTED UNANIMOUSLY.

Author: _________________________________
Co-Authors:_________________________________