Draft as of 0412075301 May June 2017

1 REPUBLIC OF THE PHILIPPINES

2 DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
3 DEPARTMENT OF TRANSPORTATION
4

5 JOINT MEMORANDUM CIRCULAR NO. ______Series of 2017

6 Date: ________________

7Subject : GUIDELINES ON THE PREPARATION AND ISSUANCE OF

8 ORDINANCES, ORDERS, RULES AND REGULATION
9 CONCERNING THE LOCAL PUBLIC TRANSPORT ROUTE
10 PLAN (LPTRP)

11

12SECTION 1: BACKGROUND

13WhereasHEREAS, Department Order No. _______, or the Omnibus

14Guidelines on the Planning and Identification of Public Road Transportation
15Services and Franchise Issuance, stipulated that the Department of
16Transportation (DOTr) shall set guidelines, criteria and procedures for local
17public transport planning and help build local capacities to prepare Local
18Public Transport Route Plans (LPTRPs). LGUs shall be responsible for
19collecting data, analyzing public transport supply and demand, and identifying
20specific public transport supply gaps for travel within their territories and for
21capturing this in city and municipal public transportation plans;.

22WHEREAS, Republic Act (RA) No. 10844, otherwise known as the

23“Department of Information and Communications Technology Act of 2015”,
24was enacted on 23 May 2016, where it transferred certain functions of the
25Department of Transportation and Communications (DOTC) and Department
26of Science and Technology (DOST) into the newly created Department of
27Information and Communications Technology (DICT), thereby renaming the
28DOTC into the Department of Transportation (DOTr);
29
30WHEREAS, the Department of the Interior and Local Government (DILG), as
31provided in Section 5 of Executive Order No. 262, series of 1987, otherwise
32known as the "Reorganization Act of the Department of Local Government
33and for Other Purposes", may establish and prescribe rules, regulations and
34other issuances implementing laws on the general supervision of LGUs,
35promotion of local autonomy, community empowerment, and monitor
36compliance thereof by said LGUs;
37
38WHEREAS, the DILG in the exercise of its general supervision of LGUs, may
39establish and prescribe rules, regulations and other issuances to ensure that
40issued ordinances, orders, rules and regulations concerning public
41transportation conform with existing laws and jurisprudence relating to public
42transportation, in accordance with DILG-DOTC Joint Memorandum Circular
43No. 01, series of 2008, dated 10 September 2008, entitled “Guidelines in the
44Review of Ordinances, Orders, Rules and Regulations concerning Public
45Transportation”;

46

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1WHEREAS, Whereas, Section 17 (a) of Republic Act 7160 “The Local
2Governement Code of the Philippines” provides that Local Government Units
3(LGUs) shall discharge the functions and responsibilities of national agencies
4and offices devolved to them pursuant to this Code. LGUs shall likewise
5exercise such other powers and discharge such other functions and
6responsibilities as are necessary, appropriate, or incidental to the efficient and
7effective provision of the basic services and facilities enumerated herein; .

8WHEREAS, Whereas, Sections 1 and 2 of Executive Order 712, s. 2008 1

9Sprovide that:,

10“Section 1: The Department of Transportation and Communication (DOTC) is

11hereby directed to immediately review all existing orders, rules and
12regulations issued by Local Government Units (LGUs) concerning public
13transportation within their jurisdiction, including the grant of franchises to
14tricycles, establishment and operation of transport terminals, authority to
15issue traffic citation tickets, and unilateral rerouting schemes of public utility
16vehicles.”. . . . .

17“Section 2: “Pending the review by the DOTC under Section 1 hereof of

18existing orders, rules and regulations issued by LGUs, the Department
19of the Interior and Local Government (DILG) shall, subject to existing
20laws, advise LGUs to suspend (1) the establishment and operations of
21new and existing transport terminals that charge fees and require
22compulsory use by public utility vehicles, (2) the enforcement of re-
23routing schemes that violate the authorized routes as provided for the
24PUV franchises, (3) the issuance of new tricycle franchises while
25respecting those that have been issued already, (4) the increase in local
26fees and charges applicable to public transportation, and (5) the
27implementation of local programs, projects and ordinances that have
28impact on the cost of operations of public utility vehicles without first
29coordinating and getting the approval of the DOTC to ensure that these
30programs, projects and ordinances do not prejudice public interest by
31way of higher transport fares."

32 Now therefore, we, the Department of Transportation (DOTr ) and the DILG
33 hereby adopt this Joint Memorandum Circular.
34

35SECTION 2:

36
37COVERAGE
38
39This Joint Memorandum Circular (JMC) shall apply to all Provincial,
40Governments, City, Governmentsand, Municipal Governments, Autonomous
41Regions, Special Areas,, and Regional Offices of the Department of the
42Interior and Local Government (DILG) and the DOTr thru the Land
43Transportation Franchising and Regulatory Board (LTFRB) nationwide.
44
1
Executive Order 712 Directing the Immediate Review of Existing Orders, Rules and Regulations
Issued by Local Government Units Concerning Public Transportation, Including the Grant of Franchises
to Tricycles, Establishment and Operation of Transport Terminals, Authority to Issue Traffic Citation
Tickets, and Unilateral Rerouting Schemes of Public Utility Vehicles, and for Other Purposes
2
 Draft as of 0412075301 May June 2017
1SECTION 3: DEFINITION OF TERMS
2
3
4 a. Local Public Transport Route Plan (LPTRP) – a plan detailing the route
5 network, mode, and required number of units per mode for delivering
6 public land transport services. This is prepared by local government units
7 and approved by the Department of Transportation/Land Transportation
8 and Franchising Regulatory Board. This plan shall serve as the basis of a
9 comprehensive local transport plan.
10
11 b. LPTRP Manual – a guide for the identification, design, and planning of
12 routes which indicates the pertinent guidelines, policies, data
13 requirements, and data collection methodologies involved in formulation
14 of the LPTRP.
15
16 c. Local Chief Executive – refers to the Governor, City or Municipal Mayor.is
17 an elected officer of a local government unit, a position held by the
18 City/Municipal Mayor for cities/municipalities and the Provincial Governor
19 for provinces.
20
21 d. Local Government Units (LGUs) – refer to city, provincial, city, and
22 municipal governments, or agencies or authorities responsible for special
23 economic zones or administrative regions.
24
25 e. Metro Manila Urban Transport Integration Study Update and Capacity
26 Enhancement Program (MUCEP) Study Area – Area consisting of the
27 sixteen (16) cities (Caloocan, Las Piñas, Makati, Malabon, Mandaluyong,
28 Manila, Marikina, Muntinlupa, Navotas, Pasay, Pasig, Parañaque,
29 Quezon City, San Juan, Taguig, and Valenzuela) and one (1) municipality
30 (Pateros) of Metro Manila and identified cities and municipalities in its
31 adjoining provinces (Bulacan, Rizal, Laguna, and Cavite) that constitute
32 the geographical coverage of the MUCEP research.
33
34 f. Omnibus Franchising Guidelines (OFG) – refers to Department Order
35 ___, or the Omnibus Guidelines on the Planning and Identification of
36 Public Road Transportation Services and Franchise Issuance issued by
37 the Department of Transportation.
38
39 g. Special Areas – refer to areas wherein their respective transport plans are
40 developed independent of the LGUs, including but not limited to Special
41 Economic Zones (SEZs) and university complex.
42
43 h. Zoning Ordinance – refers to written regulations and laws that define how
44 property in specific geographic zones can be used. The Zoning Ordinance
45 is a legally binding set of rules and regulations affirming the usage of land
46 in a city/municipality.
47
48SECTION 4: GUIDELINES
49

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1The LPTRP shall be the minimum requirement prescribed for the issuance of
2Public Utility Vehicles (PUVs) franchises. This shall form part of the Local
3Transport Master Plan (LTMP) which relates land use to transport modes and
4provides measures for traffic management. The DOTr shall subsequently
5issue a Local Transport Planning Manual.

6 a. On the preparation, and issuance, and updating of the Local Public

7 Transport Route Plan (LPTRP) Manual.
8
9 i. In coordination with other concerned government agencies,
10 development agencies, and institutions, the Department of
11 Transportation (DOTr) shall prepare and issue the LPTRP Manual
12 (Manual) in accordance primarily with the OFG within two (2) hree (3)
13 months from the effectivity of this JMC.
14
15 ii. In the preparation of their respective LPTRPs, LGUs shall refer to the
16 Manual for the minimum requirements set by DOTr.
17
18 iii. DOTr shall incorporate in the Manual the criteria and/or uniform
19 standards set for each LGU class and the evaluation procedures of
20 LPTRP submissions.
21
22 b. On Capacity Building of Local Government Units (LGUs)
23
24 i. Whenever necessary, DOTr in coordination withand DILG and other
25 concerned national agencies, the academe, and development
26 agencies,, thru the Local Government Academy, shall facilitate and/or
27 conduct trainings and/or capacity building activities for local
28 government units and/or metropolitan authorities within their respective
29 jurisdictions on the preparation of the LPTRP using the Manual in
30 coordination with. other concerned national agencies, the academe,
31 and development agencies.
32
33 ii. DOTr and DILG shall develop and offer “train-the-trainor” programs to
34 multiply support channels for the capacity building activities. Trainors
35 shall include, but are not limited to local transport experts, members of
36 transport consulting firms, and members of academic institutions. A
37 roster of persons who have completed the said program shall be
38 maintained by DOTr and DILG.
39
40 iii. Trainings and/or capacity building activities for the respective LGUs
41 shall be designed, to the extent possible, as “hands-on” and “learning-
42 by-doing” exercises, where the local LGU planners are directly involved
43 in formulating or refining their LPTRP during the course of the training
44 or workshop activity, using data and knowledge from their respective
45 localities.
46
47 iv. LGUs will designate focal persons in their respective planning and
48 development offices who will be responsible for the preparation of the

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1 LPTRP.. LGUs are encouraged to prioritize capacity development of
2 the staff assigned to prepare the LPTRPs.
3
v. 4Trainings and/or capacity building activities for the respective LGUs shall be
5concluded within three (3) months. from commencement.
6
7 vi. Within five (5) working days aAfter the conclusion of the trainings
8 and/or capacity building activities within of the regionLGU, DOTr shall
9 formally advise all the local chief executive executives of the fact to
10 signal the commencementto commence of the six (6) month LPTRP
11 preparation period by the concerned LGUs. The notice shall include the
12 contact details of the DOTr focal person for support and/or further
13 assistance, the prescribed timeline of activities including deadline of
14 LPTRP submission, and technical recommendations of DOTr, if any.
15 The designation of a new DOTr focal person mentioned in the
16 preceding sentence shall be promptly relayed to the concerned local
17 chief executive(s).
18
19 vii. LGUs whothat already undergone said capacity building are capable of
20 preparing their own LPTRPs need not undergo such capacity
21 buildingthe same trainings or activities and shallprovided that they seek
22 advice from the DOTr on the required form and substance of the same.
23
24viii. LGUs are encouraged to designate their respective planning and
25 development offices for the preparation of their respective LPTRPs.
26
27 c. On the Preparation of LPTRP by the LGUs
28
29 i. LGUs shall constitute an Executive-Legislative committeean LPTRP
30 Team led by the heads of their respective planning and development
31 offices, and the chairman of the committee on traffic and transport or
32 any similar legislative office responsible for traffic and transport
33 regulation. body of the local sanggunian for the preparation of their
34 respective LPTRPs.
35

37 ii. Pursuant to the OFG, city/municipal governments shall have the

38 responsibility of formulating LPTRPs for intra-city/intra-municipality
39 trips. Provincial governments shall formulate the same for trips
40 between component cities and municipalities within their respective
41 provinces. LPTRPs covering routes between and among independent
42 cities, provinces and regions, and inter-city/inter-municipal routes within
43 the MUCEP Study Area shall be the responsibility of DOTr.
44
45 Provided that, Special Areas shall be responsible in formulating their
46 routing and transport plans within their respective jurisdiction. Provided
47 further that, the said Special Areas shall coordinate with their
48 respective LGUs concerning the integration of their routing and
49 transport plans with those of the latter.

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1
2 iii. LGUs are toshall prepare their respective LPTRPs based on and/or
3 consistent with the Manual prescribed in this JMC and submit the same
4 to the LTFRB Central Office for pre-approvalreview, copy furnished the
5 DILG, within six (6) months from the formal notice of DOTr.
6
7 iv. To ensure that the hierarchy of public transport modes envisioned in
8 the OFG is preserved, the guidelines on the granting of franchises to
9 tricycles prescribed in Section 3.1 of DILG-DOTC JMC No. 1, series of
10 2008 shall be strictly observed in the preparation of the LPTRP. The
11 following provision shall be strictly monitored in the evaluation of the
12 LPTRP, to wit:
13
14 “Tricycle operation should only be confined along city or
15 municipal roads, not along national roads and is limited only to
16 routes not traversed by higher modes of public transport.
17 However, the local Sanggunian may allow if there is no other
18 alternative route.”
19
20 v. LGUs shall secure the official inputs and/or comments of all
21 stakeholders within their respective jurisdiction in preparing the
22 LPTRPs. Stakeholders shall include, but are not limited to commuter
23 groups, transport groups, and the academe.
24
vi.25LGUs shall conduct a comprehensive review and, as necessary, update their
26LPTRP every three (3) years beginning from the initial approval of DOTr.
27
28 d. Approval Process for LPTRPs
29
30 i. The completed LPTRP shall be submitted by the Local Chief Executive
31 to their respective Sanggunian for formal endorsement to the LTFRB
32 Central Office for pre-approvalreview, copy furnished the DILG.
33
34 ii. After checking for compliance with the guidelines specified in the
35 Manual, the LTFRB Central Office shall issue either of the following:
36
37 1A. Notice of Compliance (NOC) to the LGU for the
38 passing of appropriate ordinance; or.
39
40 Otherwise, 2B. a Notice of Non-Compliance (NONC) which details all
41 the points and/or concerns for revision by the LGU.shall be issued
42 which details all the points and/or concerns with which the LGU
43 should refine, revise, or update.
44
45
46 iii. The LPTRP and NOC shall be submitted by the Local Chief Executive
47 to the Sanggunian for approval.
48
49 iv. Upon the issuance of an NOC, The the Sanggunian-
50 approvedordinance adopting the LPTRP shall be endorsed to the
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1 LTFRB Regional Office for the conduct of a transparent operator
2 selection and issuance of franchise(s).
3
4 v. An approved LPTRP shall be one of the bases for the prioritization of
5 the road transport network development projects of DOTr the National
6 Ggovernment.
7
8Table 1. Approval Process for LPTRPs
9
Steps Agency
Concerned
Step 1: Draft the LPTRP LGU
Step 2: Submit the LPTRP to the LTFRB LGU
Step 3: Review the compliance of the LPTRP with the OFG LTFRB
Step 4: Issue an NOC or an NONC depending on the results LTFRB
of the review
Step 5: LGU
 If an NOC is issued, pass an ordinance adopting the
LPTRP and endorse the same to the LTFRB
 If an NONC is issued, revise the LPTRP
Step 6: Conduct a transparent operator selection and LTFRB
issuance of franchise(s).
10and endorsement of national road transport network construction and
11maintenance plan with the Department of Public Works and Highways.
12
13 e. On the Issuance of Franchises
14
15 DOTr, through the LTFRB, shall issue the appropriate rules and
16 regulations for the transparent conduct of operator selection and issuance
17 of franchises consistent with the LPTRP of the concerned LGU, the OFG,
18 and the Manual.
19
20 f. On the Updating of the LPTRP
21
22 LGUs are required to review andmay update their LPTRPs at least once
23 every three (3) years. LGUs may submit an LPTRP update for approval
24 earlier than three years following the last approval, but no sooner than
25 one year after the last approval.
26
27
28SECTION 5: REVIEW OF ORDINANCES, ORDERS, RULES AND
29REGULATIONS
30
31All Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang
32Bayan concerned are hereby enjoined to review all their locally-issued
33ordinances, orders, rules and regulations concerning local public transport
34routes based on the guidelines set forth in this Circular, within three (3)
35months from the effectivity of this JMC. A consolidated report of all pertinent
36ordinances, orders, and/or rules and regulations on local public transport

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1routes shall be prepared in time for the commencement of trainings and/or
2capacity building activities which will be spearheaded by DOTr.
3
4 SECTION 6: AMENDMENT OF ORDINANCES, ORDERS, RULES AND
5REGULATIONS
6
7 a. A moratorium on the acceptance of applications/petitions for tricycle
8 franchises shall be implemented for by all LGUs, upon the effectivity of
9 this JMC, pending the submission and approval of its LPTRP.
10
11 b. All Local Chief ExecutivesThe Sangguniang Panlalawigan, Sangguniang
12 Panlungsod, or Sangguniang Bayan concerned isare hereby enjoined to
13 amend, revise, repeal, or otherwise modify all locally-issued ordinances,
14 orders, rules and regulations which are in conflict with the policies,
15 standards, and limitations provided herein and the Manual issued for this
16 purpose, within six (6) months from the approval of their respective
17 LPTRPs. The ordinance adopting the LPTRP shall include a repealing
18 clause to this effect.
19
20SECTION 7: RESPONSIBILITY OF THE LAND TRANSPORTATION
21FRANCHISING AND REGULATORY BOARD, DEPARTMENT OF
22TRANSPORTATION
23
24Upon approval of the LPTRPs, the LTFRB and its regional offices shall
25Update update franchise information in relation to changes made by LGUs
26thru Traffic/Zoning ordinances..
27
28SECTION 8: RESPONSIBILITY OF DILG REGIONAL DIRECTORS
29
30All DILG Regional Directors are directed to:
31
32 a. Cause the immediate and widest dissemination of this JMC to all
33 Provincial, City, and Municipal Governments within their respective
34 jurisdictionsregional assignments.
35
36 b. Monitor the review and amendment of the ordinances which are against
37 contrary to the policies, standards, and limitations contained in this JMC.
38
39 c. Ensure and monitor the compliance of all Provincial, City, and Municipal
40 Governments within their regional assignmentsrespective jurisdictions.
41
42 d. IntermediateAssist in the immediate for the Resolve resolution of issues
43 related to the non-submission of the LPTRP of all Provincial, City, and
44 Municipal Governments within their respective jurisdictionsregional
45 assignments.
46
47SECTION 9: TRANSITORY PROVISION
48
49LGUs with existing LPTRPs Public Transport Route Plans which are already
50available and are compliant with the guidelines set in the OFG and the
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1Manual shall be approved and endorsed to LTFRB for approval and to
2commence the call for application for franchise issuance.
3
4
5SECTION 10: REPEALING CLAUSE
6
7All existing issuances released jointly or separately by the Department of
8Transportation and the Department of Interior and Local Government, which
9are inconsistent herewith, are hereby repealed or modified accordingly.
10
11SECTION 110: EFFECTIVITY
12
13This Joint Memorandum Circular shall take effect thirty (30) days following
14completion of its publication in the Official Gazette and/or in a newspaper of
15general circulation and/or the filing of three (3) copies hereof with the UP Law
16Center pursuant to Memorandum Circular 11 dated 09 October 1992 of the
17Office of the President.This Joint Memorandum Circular shall take effect
18immediately.
19
20
21
CATALINO S. CUY ARTHUR P. TUGADE
Officer-In-Charge, Secretary Secretary
Department of the Interior Department of Transportation
and Local Government
22