Republic of the Philippines

Province of Bulacan
MUNICIPALITY OF CALUMPIT
SANGGUNIANG BAYAN OFFICE

MUNICIPAL ORDINANCE NO. __-2018

AN ORDINANCE REGULATING THE OPERATION OF TRICYCLES,
MOTORCYCLES AND ELECTRONIC BIKES WITH A CHILD ON
BOARD WITHIN THE MUNICIPALITY OF CALUMPIT, SUBJECT TO
EXISTING LAWS, RULES AND REGULATIONS.

WHEREAS, Sec. 13, Art. II of the 1987 Philippine Constitution provides that the
“State recognizes the vital role of the youth in nation‐building and shall promote
and protect their physical, moral, spiritual, intellectual, and social wellbeing. It
shall inculcate in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.”

WHEREAS, ARTICLE 100 (5) (xiv) IRR of R.A. 7160, otherwise known as the
Local Government Code of 1991, provides that the Sangguniang Bayan shall
approve ordinances which shall ensure the efficient and effective delivery of the
basic services and facilities as provided and, in addition to said services and
facilities, shall provide for the care of abused children and other youth below
eighteen (18) years of age;

WHEREAS, Republic Act No. 10666, otherwise known as “Children’s Safety

on Motorcycles Act of 2015”, provides that it shall be unlawful for any person
to drive a two (2) ‐wheeled motorcycle with a child on board on public roads
where there is heavy volume of vehicles, there is a high density of fast moving
vehicles or where a speed limit of more than 60/kph is imposed;

WHEREAS, the 2017 Philippine Statistic Authority (PSA) report, an average of

34 Filipino die every day due to vehicular collision and an average of 667 children
died every year due to road crashes from 2006 to 2015, and the 2015 Global Status
Report of the World Health Organization (WHO) states that fifty‐three percent
(53%) of victims of road accidents in the Philippines are motorcycle riders;

WHEREAS, the Sangguniang Bayan, in order to effectively providing

stringent measures to ensure the safety of the children on roads within the
MUNICIPALITY, hereby enacts this Ordinance.

NOW, THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED BY THE SANGGUNIANG

BAYAN OF CALUMPIT, BULACAN BY VIRTUE OF THE POWERS VESTED IN IT BY LAW,
IN SESSION ASSEMBLED, that:

SECTION 1. TITLE. This Ordinance shall be known as the “Children’s Safety in

Tricycles, Motorcycles and Electronic Bikes Ordinance of the MUNICIPALITY of
CALUMPIT.”

SECTION 2. DECLARATION OF POLICY. It is the policy of the State to promote the

well‐being and total development of children and to protect them from
exploitation, abuse, improper influence, hazards and other circumstances

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 prejudicial to their physical, mental, emotional, social and moral
development. The children are one of the most important assets of the nation.
Every effort should be exerted to promote the welfare and safety of the
children and enhance their opportunities for a useful and happy life. It is the
policy of the Municipal Government of CALUMPIT to pursue a more proactive
and precautionary approach to secure the well‐being of passengers,
especially children, by regulating the operation of tricycles and motorcycles
along roads and streets of the MUNICIPALITY of CALUMPIT.

SECTION 3. COVERAGE. This Ordinance shall cover all tricycles, Electronic Bikes,
and motorcycles, whether for hire or for private operating within the territorial
jurisdiction of the Municipality of Calumpit. Further, this will also cover the
twenty nine (29) barangays and to the extent herein provided, departments,
offices and agencies under the supervision and jurisdiction of the Municipal
Government of CALUMPIT.

SECTION 4. DEFINITION OF TERMS. As used in this Ordinance, the terms below shall
have the meanings ascribed to them in this section. Any words or terms not
defined shall be given their plain and customary meanings, unless the context
requires otherwise, and shall be interpreted in a manner consistent with the
purpose and spirit of this Ordinance.

a) “CHILDREN” refer to persons below eighteen (18) years of age or those over
but are unable to fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or conditions.

b) “ELECTRONIC BIKE” refers to a bicycle with an integrated electric motor

which can be used for propulsion, it also known as an e-bike, powerbike or
booster bike.

c) “FOOT PEG” refers to a flat form attached to the motorcycles on which to

stand or brace the feet;

d) “MOTORCYCLE” refers to any two (2)‐wheeled motor vehicle having one

(1) or two (2) riding saddles that is either powered by an internal
combustion engine, or is battery‐powered. It also includes a motorized
bicycle that has an internal combustion engine;

e) “PUBLIC ROADS” refer to roads designed by the national government or

the MUNICIPAL Government of CALUMPIT as roads for public use such as,
but not limited to, national highways, MUNICIPAL and barangay streets;

f) “RIDER” refers to the driver of a motorcycle or Electronic Bike.; and

g) “TRICYCLE” refers to any three (3)‐wheeled vehicle propelled by a motor;

SECTION 5. PROHIBITION ON MOTORCYCLES, ELECTRONIC BIKES AND TRICYCLES.

The following acts shall be strictly prohibited under this Ordinance:

1. Driving a motorcycle or electronic bikes with a child on board on roads

unless:

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 (a) The child passenger can comfortably reach his/her feet on the
standard foot peg of the motorcycle or Electronic Bike;
(b) The child's arms can reach around and grasp the waist of the
motorcycle rider or Electronic Bike rider; and
(c) The child is wearing a standard protective helmet referred to under
Republic Act No. 10054.

2. Driving a tricycle while a child is on board who is riding at the front or

backseat of the tricycle driver.

SECTION 6. OTHER CONDITION. The motorized tricycle is the most convenient

means of conveyance or transport service of passengers within the
Municipality and is availed of by most of the general public for short and long
distances. The following rules and regulations are hereby prescribed:

A. The maximum capacity limit for tricycles shall be three (3) passengers only.
In cases where the adult is accompanied by three (3) children who are
three (3) feet and above, only three (3) passengers will pay. If the fare is
equivalent to three (3) passengers, the tricycle driver will no longer be
allowed to pick up a back rider.

B. Backriding for tricycles shall be allowed with the following conditions:

1. there should only be one (1) (maximum) backrider;

2. a backrest, handrail, safety belt and footrest, shall be installed pursuant
to DOTC Administrative Order No. AHS-2008-015;
3. back riding passenger must not be a minor aged twelve (12) and below,
a senior citizen nor a person with disability; and,
4. backrider must not be under the influence of liquor.

C. Carriers for baggages and other cargoes shall be placed on top of the
side-car.

SECTION 7. EXCEPTION. Notwithstanding the prohibition provided in the

preceding section, this Ordinance shall not apply to cases where the child to
be transported requires immediate medical attention.

SECTION 8. PENALTIES. Any person who operates a tricycle, motorcycle or

Electronic bike in violation of this Ordinance shall be fined with the following:

 First Offense Two Thousand Pesos (Php 1,000.00);

 Second offense
 Third and Succeeding Offense
Three Thousand Pesos (Php 1,500.00)
Five Thousand Pesos (Php 2,500.00) or
an imprisonment of not exceeding six
(6) months or both at the discretion of
the court.

The penalties to be imposed under this Ordinance shall be without prejudice to

any other penalties which may be imposed pursuant to national law.

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SECTION 9. IMPLEMENTING RULES AND REGULATION. Unless otherwise provided in
this Ordinance, the technical working group created by the Municipal Mayor
through Executive Order, shall promulgate the rules and regulations for the
effective implementation of this ordinance.

SECTION 10. SEPARABILITY CLAUSE. If any provision or part of this Ordinance is

declared invalid, other provisions or parts not affected thereby shall remain in
full force and effect.

SECTION 11. REPEALING CLAUSE. All ordinances, resolutions and executive orders
which are inconsistent with any of the provisions of this Ordinance are hereby
repealed or modified accordingly.

SECTION 12. EFFECTIVITY. This Ordinance shall take effect immediately upon its
approval.

Let a copy of this Ordinance be furnished the Locall Council for the
Protection of Children (LCPC), Municipal Social Welfare Department (MSWD),
Municipal Peace and Order Council (MPOC), Liga ng mga Barangay, Office of
the Municipal Mayor, Office of the Municipal Administrator, Municipal Inspection
Team (MIT), Municipal Information Office (MIO) and other offices concerned for
their information, guidance and reference.

ENACTED BY THE SANGGUNIANG BAYAN OF CALUMPIT, BULACAN, in its Regular

Session held on ____________________ 2018.

Certified true and correct by:

OLIVA L. FELICIANO, DPA

Secretary to the Sangguniang Bayan

Attested by:

HON. ZACARIA C. CANDELARIA

Presiding Officer/ Municipal Vice Mayor

Approved by:

HON. JESSIE P. DE JESUS

Municipal Mayor

MUNICIPAL ORDINANCE NO. __-2018

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