, I

REPUBLIC OF THE PHILIPPINES

CITY OF ILOILO
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 41 ~r REGULAR SESSION OF THE

SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT
THE SESSION HALL, 2ND FLOOR, ILOILO TERMINAL MARKET BUILDING, ILOILO
CITY, ON WEDNESDAY, OCTOBER 29, 2008

PRESENT:
HON. JED PATRICK E. MABILOG
Presiding Officer

HON. EDUARDO L. PENAREDONDO, Floor Leader

HON. JOSE S. ESPINOSA, Ill, AssistantFloorLeader
HON.LYNDON V. ACAP
HON. ELDRID C. ANTIQUIERA
HON. JULIENNE L. BARONDA
HON. ELY A. ESTANTE, JR.
HON. JEFFREY P. GANZON
HON. MA. IRENE D. ONG, Pres., Liga ng mga Barangay Ex-Officio Member
HON. ARMAND S. PARCON Member
HON. ANTONIO V. PESINA, JR. Member
HON. ERWIN J. PLAGATA Member
HON. NIELEX C. TUPAS Member
HON. PERLAS. ZULUETA Member

ABSENT:

HON. JOHN MELCHOR L. MABILOG, Pres., SK Federation Ex-Officio Member

(On Official Travel)

REGULATION ORDINANCE NO. 2008-394

AN ORDINANCE AMENDING CITY ORDINANCE NO. 242, S. 1977,
WHICH SHALL BE KNOWN AS AN "ORDINANCE REQUIRING
DRIVERS AND PASSENGERS OF MOTORCYCLES, MOTORIZED
SCOOTERS OR MOTOR BICYCLE PLYING ALONG THE CITY
STREETS AND NATIONAL HIGHWAYS WITHIN THE TERRITORIAL
JURISDICTION OF ILOILO CITY TO WEAR STANDARD HELMETS
WHILE RIDING ON THE SAID VEHICLES, PROIDBITING MINORS
BELOW FIVE (5) YEARS OLD TO RIDE THEREIN AND PROVIDING
PENALTIES FOR VIOLATION THEREOF".
I
Sponsored by Councilor Nielex C. Tupas
Co-sponsored by Councilors Erwin J. Plagata, Armand S. Parcon, Ely A. Estante,
Jr. and Jeffrey P. Ganzon
And seconded by Councilor Eduardo L. Pefiaredondo

Section 1. Title-This ordinance shall be known as "AN ORDINANCE AMENDING

CITY ORDINANCE NO. 242, S. 1977, WHICH SHALL BE KNOWN AS AN
"ORDINANCE REQUIRING DRIVERS AND PASSENGERS OF MOTORCYCLES,
MOTORIZED SCOOTERS OR MOTOR BICYCLE PLYING ALONG THE CITY
STREETS AND NATIONAL HIGHWAYS WITIDN THE TERRITORIAL
JURISDICTION OF ILOILO CITY TO WEAR STANDARD HELMETS WIDLE
RIDING ON THE SAID VEHICLES, PROIDBITING MINORS BELOW FIVE (5)
YEARS OLD TO RIDE THEREIN AND PROVIDING PENALTIES FOR VIOLATION
THEREOF".
Page 2. Regulation Ordinance No. 2008-394. 29 October 2008

Section 2. Purpose and Intent - This Ordinance aims to reduce or at least minimize the
incidence of disability and death resulting from injuries incurred in motorcycle accidents by
requiring all drivers including passengers of motorcycles, motorized scooters or motor bicycles
to wear quality standard helmets while riding on the said vehicles and plying along city streets
and national highways within the territorial jurisdiction of the City of Iloilo.

This Ordinance also aims to protect children by prohibiting motorcycle drivers to allow a
minor below five (5) years old to ride either at the back or front seat ofthe said vehicles.

Section 3. Statutory Authority and Jurisdiction - This ordinance is created and

adopted pursuant to the police power of the Local Government Unit set forth in Sec. 16 of R.A.
7160, otherwise known as the Local Government Code of the Philippines, and in accordance
with the Department Order 2008-015 of the Department of Transportation and Communication
implemented last September 1, 2008.

Section 4. Def"mition of Terms

a) Motorcycle - a two-wheeled or three-wheeled road vehicle powered by an

engine and duly issued with an LTO (Motorcycle) MC PLATE.

b) Motorized Scooter/Motor Bicycle - a two-wheeled or three-wheeled motorized

vehicle with a step-thru frame.

c) Driver - shall mean any driver of a motorcycle, who sits astride the vehicle on
a seat with his/her hands on a set of handle bars.

d) Back Rider- a passenger who sits at the back of the driver.

e) Front Rider - a passenger who sits at the front of the driver.

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f) Standard Quality Helmet - those that comply with the specifications issued by
the Department of Trade and Industry regarding the appropriate type of ; j
helmet to be used by motorcycle riders.

g) Temporary Operator's Permit - a ticket issued to a person violating the traffic

laws and shall show, among others, information, the name and address of the
offender and includes information that constitute a complaint charging the
offense.

h) City Streets - shall mean any streets, road or alley within the City of Iloilo.

i) National Highway - shall mean any highway road or street which forms part of
the National Road but situated within the territorial jurisdiction oflloilo City.

j) Minor - as used in this Ordinance, is a child below five (5) years old.

Section 5. Mandatory Wearing of Helmets

All drivers and passengers of motorcycles, motorized scooters or motor bicycles, plying
along city streets and National Highways within the territorial jurisdiction of Roilo City are
hereby required to wear standard quality helmets while driving or riding the said vehicles.
Page 3 Regulation Ordinance No. 2008-394. 29 October 2008

Section 6. Exceptien

Drivers and riders/passengers oftricycles shall not be included within the purview of this
ordinance.

Section 7. Prohibited Acts

a) It shall be unlawful for any person to drive or ride within the City of Iloilo a
motorcycle, motorized scooter, or motor bicycle, without wearing a standard
quality helmet;

b) It shall be unlawful for a person driving a motorcycle, motorized scooter or

motor bicycle within the City of Iloilo to allow a passenger to ride without
wearing a standard quality helmet;

c) It shall be unlawful for a passenger to ride a motorcycle, motorized scooter or

motor bicycle within the City of Iloilo without wearing a standard quality
helmet;

d) It shall be unlawful for a driver or passenger of a motorcycle, motorized

scooter or motor bicycle, plying within the City of Iloilo wearing standard
quality helmets with unlocked strap while driving or riding the
aforementioned vehicles.

e) It shall be unlawful for a person driving a motorcycle, motorized scooter or

motor bicycle within the City of lloilo, to allow a minor below five (5) years
old, to ride at the front or back seat ofthe said vehicles.

This provision shall be without prejudice to AO No. AHS - 2008-015, on the

Rules and Regulations for the Use and Operation of Motorcycles on
Highways, issued by the Land Transportation Office, last 15 May 2008, on the
number ofallowable passengers for the aforementioned vehicles.

Section 8. Penalties -

a) Every individual caught violating this ordinance shall be subject to the following scale
of penalties, for each and every violation of thereof:
....,,
First Offense------------------------------ Fine of Five Hundred Pesos (P500.00);
Second Offense --------------------------- Fine of One Thousand Pesos (Pl ,000.00);
Third & Subsequent Offenses---------- Fine of Two Thousand Pesos (P2,000.00)
or imprisonment of not exceeding three (3) days, or both at the
discretion of the court.

Any minor who shall be caught violating this ordinance shall be subject to the provisions
ofthe Juvenile Justice and Welfare Act of2006.

b) The beneficial or registered owner of a motorcycle. motorize scooter or motor bicycle

shall be held subsidiarily liable for an unlicensed driver caught violating this ordinance.
Subsidiary liability shall also be imposed upon the beneficial or registered owner of the said
vehicles when a minor is caught driving his vehicle and the parents are unable to pay the fine.
Provided, that parents of a minor who is driving the said vehicles shall be primarily held liable
to pay the fine as herein above prescribed
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Page 4. Regulation Ordinance No. 2008-394. 29 October 2008

c) Subject to the provision of Sec. 3 of Ordinance No. 338, S. 1992, the City Treasurer or
any of his authorized agents shall collect the administrative fines through the Temporary
Operator's Permit (TOP) therein provided and shall issue official receipts therefore.

Section 9. Separability Clause - Should any section, paragraph, clause or provision of

this ordinance, for any reason, be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or provision shall not affect any of the
remaining provisions of this ordinance.

Section 10. Repealing Clause - All other existing ordinances, executive orders,
resolutions, regulation or part thereof, in conflict with the provisions of this Ordinance are
hereby repealed and revised.

Section 11. Effectivity Clause - This Ordinance shall take effect ten (10) days following
its publication in at least one (1) newspaper of general circulation in Iloilo City.

ENACTED, 29 October 2008.

I hereby certify to the correctness of the above-quoted ordinance.

Secre

ATTESTED AND ~EJl,FIED TO BE

LY ENACTED~

P.lr~cK'E. MABILOG JERR P TRENAS

P siding Officer and City Vice Mayor City Mayor~

/rer N.V 0 4 2000'