I

\._/

Republic of the Philippines

City of lloilo
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG

PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT THE SESSION HALL, ILOILO --
TERMINAL MARKET BUILDING, ON WEDNESDAY, JANUARY 11, 2006. ~\~--!\/~
S-'~' "'-. '."~
PRESENT: ~ f~Ecr.:-~vF.Q'\~
HON. GUILLERMO Y. DE LA LLANA ~ BY: nfA- \O
Presiding Officer ~ 0 ~;;_JANqt 7-folj '-- -
~ \ .,... --- JO:?>-) 0
HON. EDUARDO L. PENAREDONDO, Floor Leader Member ~'-1 .r:.-_ ;\
HON. STEVIE REY I. ABITANG, SK Federation President Member ~~':-_O -a~
HON. JULIENNE L. BARONDA, Member F _TH\.
HON. JOSE S. ESPINOSA Ill Member
HON. ELY A. ESTANTE, JR., Member
HON. JEFFREY P. GANZON, Member
HON. MERCI D. GARCIA, Member
HON. ERLINDA G. LIBERIAGA, Member
HON. RAMON CUA LOCSIN Member
HON. JED PATRICK E. MABILOG, Member
HON. MARIETIA V. ORLEANS, Liga ng mga Barangay President Member
HON. ARMAND S. PARCON, Member
HON. PERLAS. ZULUETA, Member

ABSENT:

HON. ERWIN J. PLAGATA, (On Leave) Member

P~ltl
fct v\ .
;
:lO _J.Ci :let;t~
REGULATION ORDINANCE NO. 2006-010
AN ORDINANCE GRANTING FRANCHISE TO PERIMETER TERMINAL
1 lf OPERATORS TO ESTABLISH AND OPERATE A PUBLIC UTILITY VEHICLE
~ V1~ ~ T~Af'.. TERMINAL AT THE RESPECTIVE PERIMETER BOUNDARY LOCATIONS AT
THE DIFFERENT DISTRICTS OF ILOILO CITY

Sponsored by Councilor Jose S. Espinosa Ill, seconded by Councilor Eduardo L.

Penaredondo

WHEREAS, in an effort to ease traffic congestion inside the city, the Sangguniang
Panlungsod of lloilo City has passed Ordinance No. 2004-268, lifting the indefinite suspension of
Regulation Ordinance No. 2002-408 or an ordinance establishing perimeter boundaries for
provincial utility vehicles entering the City of lloilo;

WHEREAS, pursuant to the provisions of Section 458, par. 3 (iii) in relation to par. 5 (v) of
Republic Act No. 7160, otherwise known as the Local Government Code of 1991, authorizing the
Sangguniang Panlungsod to grant franchise to any person, partnership, cooperative to do business
within the City and establish bus and vehicles stops and terminals or regulate the use of the same
by private-owned vehicles which serve the public;

WHEREAS, the Committee on Transportation, Energy and Public Utilities has conducted
extensive hearings on the proposal of the Terminal Operators for the establishment of such
terminal at the respective perimeter boundary areas mentioned under Article Ill, Section 5, 6, 7 and
8 of Regulation Ordinance No. 2004-268;
Reg.Ord.No.2006-010.Jan. 11.2006 Page2

WHEREAS, the said committee came up with a report recommending approval of the
proposal for being beneficial to the general public, the City of lloilo as well as to the transport group
plying the aforementioned routes;

WHEREAS, on February 23, 2005, Regulation Ordinances Nos. 2005-068, 2005-069,

2005-070, 2005-071, 2005-072 and on April 13, 2005 Regulation Ordinance No. 2005-106 granted
a temporary franchise subject to its conditions embodied in Section 9 of their respective ordinances
to all terminal operators to establish and operate, at its own expense, a passenger vehicle terminal
situated in the respective perimeter boundary areas under the Perimeter Boundary Ordinance No.
2004-268;

WHEREAS, in compliance with the conditions of the enumerated requirements of Section

9 of their respective franchise ordinance, on July 15, 2005 upon order by the Chairman of the
Committee on Transportation, Energy and Public Utilities, an ocular inspection was conducted by
the Chief of the TMEU and representatives from the Office of Kg. Jose S. Espinosa Ill. The result
of the ocular inspection was submitted to the Office of the Chairman, Committee on Transportation,
Energy and Public Utilities and to the Terminal Operators, for their compliance;

WHEREAS, on August 31, 2005 a conference was held at the Office of the City Mayor by
and between the Honorable City Mayor, the Chairman, Committee on Transportation, Energy and
Public Utilities and the Terminal Operators and it was agreed upon that the Terminal Operators will
complete the requirements set forth in Section 9 of their franchise ordinance aside from Section 25
of Regulation Ordinance No. 2004-268 prior to the granting of their permanent franchise ordinance;

WHEREAS, on September 30, 2005 a formal letter by the Joroshelly North Bound
Terminal (JNB) was received by the Honorable Vice Mayor Guillermo de la Liana and Hon. Kgd.
Jose S. Espinosa Ill, Chairman, Committee on Transportation, Energy and Public Utilities copy
furnished all Sangguniang Members, informing among others of the completion of the terms and
condition set under Section 9 of Regulation Ordinance No. 2005-072 thru its owner/operator Mrs.
Lydia Songano;

WHEREAS, on October 17, 2005 an Executive Order No. 56, Series of 2005 was issued
by the Honorable City Mayor creating a Special Task force to evaluate compliance by Transport
Terminal Operators of the requirements set by law, defining its powers and functions, to look into
the viability and acceptability of these public transport terminal that would qualify them for
permanent franchise.

NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of the City of lloilo,

that:

Section 1. TITLE OF THE ORDINANCE. This ordinance shall be known as "AN

ORDINANCE GRANTING FRANCHISE TO ' PERIMETER TERMINAL OPERA TOR".

Section 2. - PURPOSE. - This ordinance is designed and enacted to:

1. Promote and protect the health, safety, peace, moral comfort,

convenience and general welfare of the inhabitants of the City of lloilo;
2. Decongest traffic within the streets of the City;
3. Reduce pollution within the City;
4. Regulate the use of city streets and thoroughfares in such manner as
to obviate danger to public safety caused by voluminous traffic
movement causing traffic congestion;
5. Provide a safe, clean, sanitary, comfortable and peaceful place for
passengers arriving in and departing from the City.
Reg.Ord.No.2006-010.Jan. 11.2006 Page3

Section 3. GRANT OF FRANCHISE. - This ordinance is enacted to grant a franchise to

JOROSHELY NORTH BOUND VANS TERMINAL, a one hundred percent Filipino-owned
domestic corporation duly organized and existing under and by virtue of the laws of the Republic of
the Philippines, to ESTABLISH, OPERATE AND MAINTAIN a passenger vehicle terminal at
BRGY. BALANTANG, JARO, ILOILO CITY, to service all passenger vehicles whose routes pass
through BRGY. BALANTANG, JARO, ILOILO CITY, including but limited to passenger vehicles
coming from the towns of Zarraga, Mina, Pototan, Dingle, Duenas, San Enrique, Passi City,
Barotac Nuevo, Dumangas, Anilao, Banate, Barotac Viejo, San Rafael, Ajuy, Sara, Lemery,
Concepcion, Batad, San Dionisio, Balasan, Estancia and Caries and those from the provinces of
Aklan and Capiz with the exclusion of the towns of Tapaz and Dumalag;

Section 4. TERM. - This franchise shall be for a period of ten (10) years from the date of
its approval.

Section 5. JNB VANS TERMINAL shall establish and construct at its own expense a
covered edifice for arriving and departing passenger within the terminal, which terminal shall have
an area of not less than the minimum requirements of Section 25 (a) of Regulation Ordinance No.
2004-268 at Brgy. Balantang, Jaro, lloilo City.

Section 6. JNB VANS TERMINAL shall operate and maintain the terminal, which shall
service all passengers of vans, cabs, FILCAB-URH and jeepneys plying routes between lloilo city
and the Joroshely North Bound Vans Terminal, of lloilo Province and those from the provinces of
Aki an and Capiz as stated in Section 3 hereof.

Section 7. All PUJ's plying the routes covered by this franchise shall not be allowed entry
into the City beyond the location unless permitted and/or authorized under the REVISED
PERIMETER BOUNDARY ORDINANCE No. 2004-268.

Section 8. JNB VANS TERMINAL is hereby authorized to impose and collect the following
Terminal fee for the use of the terminal from the operators/drivers of the passenger vehicles
including but not limited to vans, cabs, and jeepneys, plying the above mentioned routes and using
the facilities of the terminal; unless, both parties agrees to readjust the amount of their terminal
fees and/or other fees and submit the same to the Sangguniang Panlungsod for approval:

a) P20.00 for PUJ with a maximum passenger capacity of

twenty five (25) passengers;
b) P30.00 for PUJ with a capacity of twenty six (26) to thirty
(30) passenger;
c) P20.0 for PUVans with a maximum capacity of fourteen
(14) passenger;
d) P30.00 for Mini-bus.

Thereafter, no increase in the terminal fees shall be imposed or collected without the
approval of the Sangguniang Panlungsod upon consultation with the Federation of lloilo Driver's
Association,

The fees mentioned above shall be imposed on and collected from the vehicles concerned
upon every departure from the terminal.

Section 9. JNB VANS TERMINAL shall be responsible for the cleanliness of the terminal
premises, and shall see to it that the same is kept clean and sanitary at all times; JNB VANS
TERMINAL shall likewise provide adequate security personnel to ensure security and safety of all
persons using the terminal.
Reg.Ord.No.2006-010.Jan. 11.2006 Page4

Section 10. The terminal established by virtue hereof shall be subjected to inspection by
officers of the concerned department of the City Government within office hours to see the city
ordinance particularly those involving sanitation and health are properly observed.

Section 11. Should any section of this ordinance be violated by the holder or
misrepresented by any person other than the grantee hereof, the Sangguniang Panlungsod of this
City, may revoke the subject franchise after due hearing.

Section 12. Upon passage hereof, JNB VANS TERMINAL shall pay the franchise fee and
other taxes provided for in the City Ordinance No. 399 of the City of lloilo.

Section 13. Should any section or provision of this ordinance be declared by the Court to
be unconstitutional or invalid as being contrary to existing national laws, such decision shall not
affect the validity of the ordinance as a whole or any part hereof other than the part declared to be
unconstitutional or invalid as being contrary to existing national laws.

Section 14. All other ordinances, rules and/or regulations inconsistent with the provisions
of this ordinance are hereby repealed, provided, that rights already vested upon the effectivity of
this ordinance shall not be impaired.

Section 15. The grantee of this franchise shall cause this ordinance to be published once
in a newspaper of general circulation in the City of lloilo and this ordinance shall take effect
immediately after publication.

ENACTED, January 11, 2006.

(Objections: Councilors Estante, Baronda, Locsin and Zulueta)

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

UTH H. ARROYO
ard Secretary IV

COUNTERSIGNED:

_GIBl~tMO-'r..OE1 LLANA
PreSiding Officer

APPR01 ATTESTED:

~=:..--fyYJ A)'l~,/,~/~-v-

JERR P TRENAS OSDADA C. CARAD

Ci ayor'~ City Secretary ii 1ci}o~
JAN 1 7 2DOS
rotlg.02(a-3)