Documenti di Didattica
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Advisers:
Dr. Karl N. Vergel
Associate Professor, Department of Civil Engineering, University of the Philippines Diliman
Abstract: Traffic regulations are formulated to avoid chaos and to enforce highway discipline. However, problems will
arise if there are different implemented traffic regulations in each city. Furthermore, there are also disagreements on which
agency has the power and jurisdiction to implement and enforce these traffic regulations. These inconsistencies will result
in conflicts that will largely affect different transport groups. The purpose of this study is to compare all of these
regulations and to point out the differences in each and to clarify the jurisdiction of the different agencies concerned in its
implementation. Also, to be able to check if there are existing ordinances about vehicle emissions in accordance of the
Philippine Clean Air Act of 1999. After several interviews with the Metropolitan Manila Development Authority
(MMDA) and reviews on the collected traffic related codes, it is found out that fourteen (14) out of seventeen (17) Local
Government Units (LGUs) in Metro Manila have already adopted and implemented a traffic code that is based on a draft
under Small Scale Traffic Improvement Measures for Metro Manila (SSTRIMM November 2001). Although these codes
are formulated from a single draft, there are sections that are added or omitted depending on its necessity and relevance.
And through a review of the MMDA and LGU codes, by virtue of their respective republic acts, MMDA has an authority
to administer Metro Manila wide traffic management while LGUs are responsible only within their boundaries.
Unfortunately, the Supreme Court recently decided to remove all legislative powers of the MMDA.
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occur. These inconsistencies will then result to “An act to compile the laws relative to land
conflicts that will largely affect the transport groups. transportation and traffic rules, to create a land
This current situation leads to the question of transportation commission and for other purposes”
authority, which has power and jurisdiction in the
implementation of the traffic regulations, which set of Commonly known as the Land Transportation and
regulations are to be followed and how can the Clean Traffic Code, the Republic Act 4136 provides a
Air Act be further emphasized in the said regulations means of controlling, as far as they apply, the
registration of motor vehicles and the licensing of
1.3 Objectives and Significance of the Study owners, dealers, conductors, drivers and similar
matters.
This study aims to acquire and compare the
implemented traffic related codes of each of the There are provisions for the policy of operations,
cities/municipalities in Metro Manila. Also, to which include the issuance of license to drive motor
compare it with those that are implemented by the vehicles (fees and examinations to certify the
MMDA and those stated in RA 4136. Furthermore, in capability to use motor vehicles properly), the policy
the analysis of these laws, the issue of jurisdiction regarding illegal use of license numbers and plates,
and implementation will be resolved. And to check if the policy regarding passenger and freight and the
there exist ordinances about vehicle emissions in policy regarding accessories of motor vehicles
accordance to Republic Act 8749 entitled “The (description of proper use for horns and taillights and
Philippine Clean Air Act of 1999.” also dictates descriptions for standard brakes, wipers,
mufflers and the like). These rudiments are
1.4 Scopes and Limitations descriptions of requirements when handling and using
a motor vehicle so as to prevent cause for accidents
The study will focus on the comparison and and mishaps.
evaluation of the traffic management of the 17 LGUs
in Metro Manila, namely: Caloocan, Las Piñas, The most important aspect of the code details the
Makati, Malabon, Mandaluyong, Manila, Marikina, standard traffic rules utilizing basic traffic maneuvers
Muntinlupa, Navotas, Parañaque, Pasay, Pasig, on and through the highway. Codified are the
Pateros, Quezon City, San Juan, Taguig and following significant rules namely, speed limit and
Valenzuela. The basis of the comparison will depend keeping to the right particularly restrictions to speed
on the traffic related codes that are acquired from in different roads, overtaking and passing a vehicle as
these LGUs. well as turning at intersections, right of way signals
and lastly, turning and parking. Also included are
1.5 CONCEPTUAL FRAMEWORK miscellaneous traffic systems including obstruction,
tampering, and reckless driving among others.
RA 4136 and Other The last part of the code is a compact instruction on
Existing Transportation penal provisions for violations and punishments for
and Environment Laws other offenses not covered by the act. The code also
provides for collection of fees, taxes and fines as well
as liens and allotment of funds.
MMDA Code LGU Code and
and Implemented Implemented
Traffic Related Traffic Related b) RA 8749. The Philippine Clean Air Act of 1999
Codes Codes
This code is an attempt to protect and rehabilitate the
atmosphere and the environment in general.
Particular emphasis is placed on pollution prevention
Implementing Conflicting Vehicle
Bodies and and Emission
rather than a response to produced pollutants.
their Consistent Ordinances
Jurisdictions Policies The code outlines steps and procedures regarding
vehicle emissions. It also promotes engine
efficiencies concerning fuel consumption and
OUTPUT discharge of air pollutants from all vehicles. A
standard air quality management system has been
endorsed by the Act and can be enforced as a filter in
2. REVIEW OF RELATED LITERATURE commercial distribution of brand new, imported or
second hand vehicles.
2.1 Related Transportation and Environment
Laws The Republic Act 8749 also enumerates the bureaus
and agencies involved in implementing the
a) RA 4136. The Land Transportation Code resolutions. It also places great emphasis on
information dissemination to all subdivisions of the
government.
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c) RA 7924. The Metropolitan Manila The main objective of the study was to impart on
Development Authority Code LGUs the ability to formulate measures that maybe
small-scale, but with big impacts on traffic conditions
“An act creating the Metropolitan Manila in their respective jurisdictions, and would be well
Development Authority, defining its powers and within their financial capabilities to implement. It
functions, providing funds therefore and for other presented its findings on the various identified traffic
purposes” problem areas, their assessment of the institutional
aspects of traffic management, and the recommended
improvement measures for the traffic problem areas
This Code is a declared policy on the creation of a
included in the study. A second component of this is
special administrative and development region for
a Draft Traffic Management Code that the LGUs may
services involving Metro Manila. Its actions and
wish to follow in enacting their own traffic
implementations are to be autonomous without
ordinances.
affecting the Local Government Unit.
c) MMUTIS Technical Report No. 10 Traffic
It states the main function, scope and limitations and
Management (November 1997)
outlined the powers of the MMDA in the metropolis.
The Technical Report presents the results of the study
d) RA 7160. The Local Government Code of 1991
on traffic management in the study area. The
objectives of the study specific to traffic management
This is a statute for the guiding principles in giving are to review of the existing traffic management in
autonomy to government subdivisions in each Metro Manila as well as the identification of
municipality, city and/or region. A territorial and problems and issues related to traffic management.
political boundary is implemented to contain an This study also aims for the development of future
institutionalized decentralization for local improvement directions of traffic management and to
government units. formulate traffic management measures
recommended.
The corporate and political nature of the local
government, the eminent domain, the power to Based on the results preceding works, problems and
generate resources and more are extensively issues are identified and discussed. Finally, future
discussed to account for the functions and powers of direction of traffic management policy is presented
the local government units. and measures to improve the current traffic
conditions as well as traffic management capabilities
2.2 Previous Studies Related to Traffic are recommended.
Management
3. METHODOLOGY
a) DOTC 2005 Transport Summit (May 2005)
3.1 Data Collection
The assembly of public utility jeepneys, buses, The MMDA office was visited and traffic related
truckers and haulers, taxis, AUVs and personnel from codes of fifteen (15) LGUs were obtained, as well as
the government sector was convened to address the a list of traffic ordinances that the MMDA were
traffic issues arising in Metro Manila. implementing. Also, Ms. Lydia Domingo of the
MMDA Council Secretariat was interviewed about
The ensuing discussions focused mainly on the issues the topic.
regarding franchising, namely the delays in the
LTFRB registration procedures, enforcement Copies of RA 4136, RA 7924, Philippine Clean Air
problems of the transport sector, heavy traffic flows, Act and The Local Government Code of the
worsening Manila traffic jams and government Philippines are acquired through the internet (i.e.
assistance in the form of subsidy to the public sector. Chan Robles Virtual Law Library), and were verified
with the College of Law Library. These will be used
The Summit provided proposals ranging from GSIS for comparison with the compiled traffic regulations
approved provisions in insurance, revision of some of each city.
Republic Acts, Deregulation of Oil Prices, Agencies
issuing tickets when infractions are made. 3.2 Method of Analysis
Finally the summit pinpointed common grounds for The compiled traffic related codes will then be
compromise and collated the proposals for study and compared with each other and the conflicting and
implementation. consistent policies will be listed. In the case of the
conflicting policies, interviews with the local officials
b) Small Scale Traffic Improvement Measures for were conducted regarding the basis and reason for
Metro Manila (SSTRIMM) (November 2001) their deviation from the other traffic regulations. The
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interview was also conducted to find out the Emission Standards for Motor Vehicles X none
departments in charge in the traffic management as Motor Vehicle Emission Test X none
well as their relation with the MMDA.
Motor Vehicle Emission Testing Fee X none
Las Piñas
Others
jurisdiction in terms of implementation.
Mandaluyong
uniform traffic code. The remaining three, namely:
Others
Malabon, Marikina and Valenzuela are still using a
transportation code that was based with RA 4136
In comparing these traffic codes, the researchers Prohibition and Banning of Drag Racing X none
omitted the said three (3) LGUs since it is completely Persons Liable Under the Ordinance X none
different from the others. The Traffic Management Penalties X none
Code used as a main draft in this study has been Enforcement of Ordinance X none
based on the template provided by the 2001
Purpose and Scope X none
SSTRIMM.
License Required none X
Traffic Laws Applicable to Persons Riding
Although each of the LGUs has a template on the Bicycles or Tricycles X X
Traffic Management Code, they are still able to Compulsory Registration of Pedicabs for Hire X none
legislate or add sections and articles focusing on the
Registration Fees X none
problems that they usually encounter in their
respective cities. In all of the fourteen (14) cities that Issuance of Permit X none
were included in the study, the Local Government Validity of permit X none
Units added some articles and sections that are Penalty X none
applicable in present situations. Registration (Tricycles) X none
Registration Fees X none
a) Caloocan
City Tricycle Franchising Board X none
Caloocan
Others
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d) Navotas 4. Student driver permit
5. Use, posting or display of fake or
Navotas
Others
unauthorized ID’s, stickers, etc.
6. Clearance required for change in color or
engine of motor vehicles.
License Required none X 7. Road worthiness
Tricycles and Pedicabs * X 8. Conditions of operations of public utility
vehicles
Summons on Illegally Parked Vehicle none X
9. Accessories of public utility vehicles
Failure to Comply with Summons
Attached to Parked Vehicles none X 10. PUV driver’s obligation, duties and
responsibilities.
Vehicular Volume Reduction Scheme ** X
11. Redemption center for confiscated license
* has an existing ordinance regarding tricycle de
and other materials.
padyak (Pambansang Ordinansa Blg. 2002-23)
12. Guidelines for towing
** The number-coding scheme does not apply to the
13. Towing procedures
municipality of Navotas.
14. Monitoring towing operations
15. Towing fees
e) Pateros
16. Prohibited license plate endings
17. Use of number plates
Pateros
Others
18. Exempted vehicles
19. Requirements and procedures for exemption
20. Fees for exemption.
Vehicular Volume Reduction Scheme none X
Prohibited License Plate Ending none X 4.2 Differences in Fines and Penalties
Use of Number Plates none X
Exempted Vehicles none X Aside from the differences in the 14 Traffic
Requirements and Procedures for Exemption none X Management Codes’ main texts, some of these cities
Fees for Exemption none X also have differences in their fines and penalties for
Uniform of Traffic Officers none X violations.
Others
Caloocan
Others
Driving Through Roundabouts or
Driving outside bicycle lane 300 200
Rotundas none X
Driving tricycle on national road 300 500
Loads to be Properly Secured none X
Police Officers May Weigh Vehicles and Driving without license 1000 1000
Require none X Driving in sands/slippers 300 150
Removal of Excess Loads Driving thru funeral or other processions none 500
Restricting the Use Over Bridges none X Exceeding gross weight, axle and wheel load 500 150
Failure to carry/show registration 500 150
g) San Juan Following fire trucks and other emergency vehicle 1000 500
San Juan
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Projecting loads on passenger vehicles 500 150
Putting glass or sharp objects on highway 2500 500 4.4 Implementing Bodies
Riding bicycle or tricycle without regular/permanent seat 300 400
Each LGU has department responsible solely for the
Restriction on some roads none 2500
enforcement of traffic management. The table below
Riding bicycle more than two abreast 200 500 shows the summary of the departments concerned in
Street diggings or road closure without permit none 2500 each city, whether or not they issue their own traffic
Unauthorized drag racing/speed contest 2000 1000 violation receipts and their relation with the MMDA.
Towing of bicycles 200 400 APPENDIX A shows the summary of the Traffic
Unregistered motor vehicle 500 1000
Management System in Metro Manila.
Use of expired commemorative, license plates, etc 1000 2500
4.5 Jurisdiction
Use of signaling devices 500 150
Unauthorized installation/use of jalousies, add'l aircon none 500 RA 7924 states the rationale for the creation
Unclean/unsanitary vehicle and lack of signs 500 300
Taxi w/o meter/uncalibrated or tampered taximeter seal 1000 2500 “certain basic services affecting or involving Metro
Violation of speed or drag racing contests 1000 2000 Manila as metro-wide services more efficiently and
effectively planned, supervised and coordinated by a
Violation of license restriction 500 1000
development authority.”
Violating pedestrian crossing 500 200
Violating restrictions on pedestrian # 200 Section 3 of RA 7924, specifies the scope of MMDA
Violating restriction on animal livestock @ 500 services as, among others,
# 1st offense: P150; 2nd offense: P300; 3rd offense:
P500 + community service “transport and traffic management which include the
@ 1st offense: P500; 2nd offense: P1000 + formulation, coordination, and monitoring of
confiscation of animals policies, standards, programs and projects to
rationalize the existing transport operations”
Mandaluyong
Las Piñas
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since only five (5) LGUs have a comprehensive and
Therefore, by virtue of their respective Republic separate ordinance regarding vehicle emissions. This
Acts, traffic management powers are administered by may be due to the lack of information and resources
MMDA. Unfortunately, the Supreme Court recently especially in acquiring emission-testing apparatus.
ruled to remove all legislative powers of the MMDA.
This means that all ordinances drafted by them, both
past and present are voided. And that they can only REFERENCES
enforce laws of the land.
1. Republic Act 4136, An Act to Compile the Laws
5. CONCLUSION Relative to Land Transportation and Traffic
Rules, to Create a Land Transportation
The study aimed to determine the conflicting and Commission and for Other Purposes, June 20,
consistent policies in the implemented traffic 1964.
regulations in the different cities in Metro Manila.
Even if fourteen (14) out of seventeen (17) LGUs had 2. Republic Act 7924, An Act Creating the
adopted a uniform traffic code, minor differences still Metropolitan Manila Development Authority,
occur because of the added or omitted sections and Defining its Powers and Functions, Providing
articles focusing on the problems encountered in their Funds Thereof and for Other Purposes, March 1,
respective cities. 1995.
For instance, Caloocan has incorporated vehicle 3. Republic Act 8749, Philippine Clean Air Act of
emission standards in their traffic code, but is limited 1999, June 23, 1999.
only to emission testing and fees. In addition, section
for traffic administration has been omitted. Las Piñas 4. Republic Act 7160. The Local Government
and Parañaque do not have rotundas in their Code of the 1991.
boundaries, thus omitting provisions not applicable.
The traffic code of Mandaluyong has additional 5. Japan International Cooperation Agency (JICA)
sections for speed restrictions and for compulsory (November 2001), Final Report – Main Text,
registration of motorized and non-motorized three The Study on the Formulation of Small Scale
wheelers. Aside from penalties for violators, Traffic Improvement Measures for Metro
Mandaluyong also has penalties for erring traffic Manila
enforcers. Additional appendices for locations of “No
Crossing”, “Loading and Unloading Zones”, “Illegal 6. Metro Manila Urban Transportation Integration
Parking and Towing Zones” and “U-Turn Slots” were Study (MMUTIS) (November 1997) Technical
specified. The section relating to the Vehicular Report 10. Traffic Management.
Volume Reduction Scheme is deleted in the traffic
code of Navotas because the number-coding scheme 7. Salaverria, Leila B., et. al. (2003) Metro Manila
is not imposed. In San Juan, a provision for smoke - Mayors Take Over Traffic Duty, Philippine
belching and compliance with the Philippine Clean Daily Inquirer, June 26, 2003.
Air Act of 1999 was emphasized. Caloocan has the
most number of deviations among the LGUs, 8. Remo, Amy (2003) Traffic Ticketing System:
particularly the variable fines and penalties for Transport Strike Threat Over Mayor’s Plan
violators. In addition, the review of traffic codes Bared, Philippine Daily Inquirer, June 18, 2003
showed that these LGUs have the power to confiscate
traffic violators’ driver’s licenses and to issue their 9. Department of Transportation and
own TVRs or OVRs, which will be honored across Communication (2005) 2005 Transport
the metropolis thus avoiding conflicts. Summit, Philippine Trade Training Center,
Pasay City, May 2005.
Most importantly, the issue of jurisdiction and
implementation of the traffic management has been
resolved. Through the decision of the Supreme Court
to remove the legislative powers of the MMDA, each
LGU has taken over traffic management not only
within their local boundaries but also the major
thoroughfares within their area. This verdict resulted
in the suspension of the MMDA enforcers’ power to
apprehend traffic violators. However, MMDA
enforcers are still deployed all over Metro Manila,
mainly for assistance in keeping the flow of traffic in
order.