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AflT LOCAL G'V

REPUBLIC OF THE PHILIPPINES
DE'ARTMENT.;H:'i;ff-'tti.Tiii'iJl'o-.uovJff ilffi f !"1
onDs
II
A. Francisco Gold Condominium 1"rir!i.{irlQF:
EDSA Cor. Mapagmahal St., Diliman
Quezon City
;tatg'
: tF *^, / Q'
LEGAL SERVICE
o,to ,"ttlfiHiorbNl'i? s. 2012
MR, ERNESTO A. TABASA
Chairman
Confederation of Transport Cooperative and Asso€.
Bliss, Calumpang, General Santos City

Dear Mr, Tabasa:

This refers to your 14 February 2012 letter requesting for a clarification on MC No. 2011-68,
particularly the exception to the prohibition on the. operation of tricycles along the National
Highway.

It is your contention that despite the issuance of MC No. 2011-68 which prohibits the
operation of tricycles along the national highway, several tricycles continue to operate
thereon notwithitanding the fact that the Sangguniang Panlungsod did not provide
exception thereon through legislation. This happens because law enforcers are confounded
on the application of the exception. As such, the latter has ceased apprehending tricycles
operating along the national highways.

Below is a discussion on the issue, v/.z,,'

DILG MC No. 2011-68, which is a reiteration of DILG MC No. 2007-01 was issued by
the Department to regulate the operations of tricycles and pedicabs rendering
transport services to the general public pursuant to the DoTc's "Guidelines to
Imptement the Devotution of LTFRB'| Franchising Authority over Tricycles-For'Hire to
Local Government lJnits Pursuant to the Local Government Code (RA No' 7160)'"

under the Guidelines issued by the DoTc, as reiterated under DILG MC Nos. 2011-68
and 2}Q7-OL, "For safety reasons, no tricycles should operate on national highways utilized
by 4 wheel vehicles greater than 4 tons and where normal speed exceed 40 kph. However'
the SB/SP may provide exceptions if there is no alternative route,"

Municipalities and cities, through their respective sanggunians, are granted the power
to regulate the operation of tricycles and grant franchises within their respective
territorial jurisdictions subject to the guidelines prescribed by the DOTC pursuant to
Sectrons 447 (3) (vi) and 458 (3) (vi) of the Local Government.

In the case "LTO vs. City of Butuan," G.R. 131512, January 20, 2000, the Supreme
court had the occasion to discuss the DoTc's (through the Land Transportation
Franchising Regulatory Board) devolved power to grant franchises to tricycles-fo r- h ire
to the LGUs pursuant to the above-cited provisions of the Local Government Code,
viz.i

'The Depatn]€nt of Transpolation and go*nxni261is69 ("D9TC-), through the LTo and tha LTFRB, haE
since boen tasked with inplementing taws peftaining to land transpofiation. x x x ThB LTFRB, upon the othet hand, is lhe
goveming body taskld by E.O. N6, 202, dated 19 lune 1987, to rcgutate the operation of public utility ot "fot hite'
iehictesbnd to granf hanchises ot ceftificates ol public convenience ('CPC") 11 x x x

lJnder tho Local Govenmenl code, cettain lunctions of the D)TC wer6lransfened to the LGUS, thuslyr

Sec. 458. Powers, Dutles, Functions and OonrF"nsation -

xxx xxx xxx

gmnting frcnchises and

f3) Subjecl to the provlsions of Book tt of this C,ode, enact odinances
butnoriiing tne,ssuance of pefinifs or lcenses, upon such condiions and for such puryoses
intended lo pronate the generalwelfare of tha inhabitants of the city and pursuant to this legislative
authotv shall:
 xxx xxx xxx

(Vt) Subject to the guidelines Wsuibed by the Depaftnent of Trcnsrr'/Iation

aN
Communicatjons, rcguhts- he operetion ot ttcyctes and gnnl franihises for
fte
opentlon thercol within the lenitorial jutisdicabn ot the ciiy. (Emphasis supplied)t.

LGUs indubitably now have the power to rcgulate the operction of tricfles-tot-hhe
and lo grant hanchises fot the
opention thercof. "To regurare' neans to fix, establish, or control; to adjust by rure, method,
or established node; to
dned by Ie u restdction; or to subject lo governing principles or laws.ll'A fraichise is
defrned to be a speciat priii;ge
to do cgftailt things nnfelgd by govemnent on an individuar or cotporation, and which does not
beiong to' cltiiis
generclly of conmon dght.13 x x x .1t The devotu-tion ot tho tunctions
Lc.u. s, a:. so ,pty obsew€d by $e soricitot Generar, is aimed at curbing
or the Dorc, pedomed by fte LiFRB, ttet;
the atarning incriase of accitienfs in
national hohways invorving ticycres. n has been.the perception rhet toiar govunneig
are in good posifion ao
ach'nve the end desircd by fte raw-naking body hecaise oi their proxinityio the situation
lo addross ahal ser,ous concem better lhan the national govemmen|
ftatin
eiable then

$qqv lot be ?nlis$ to state. nevetheless. that under hlicle 4sg b)13-v of the Locat Govemment
code. the power ol
L9y:,!o rcaulatg,thg,orytatty. tt.ilvctes
9f. 9rM
?!d to
Iu!!!4a! orescriEd bv.the Dorc. tn conptian:e tnetewitn, tne DeoartnentGidnsponationlaniEffiunEfrfr
issued l9uidelines to lnplenent tt'9 uvotutM
!DoT.9')
Local Govemment units pursuanf to the Locat Governnent dodi' palkent pniEiins ot th; widelies stie
ln lieu.^of the Land ftansportation Franchising and Regulatory Boatu (LTFRB) in the Dorc, the -
sangguniang
Bayan/Sangguniang Panglurgsod (S&SPJ sha lt peiorn the loltowing:

(a) ls.sue, amend, revise, rcnew, suspen4 or cancel MTO? and prescribe the approptiate terns and
condilions therefot:

xxx xxx xxx

Opercting Conditions:

1. For saletv reasons, no tricvcles should orF"nte on nationalhkhwavs utilized bv 4 wheel vehicles

exceptions il therc k no aftemative route.

2 zones must be wilhin the boundaries of the nunicipatily/city. However, existing zones within
nue lhan 1ne municipality/city shall be maintained, ptovided that operators seving said zone sha,
secwe MTOP'| from each of the municipalifies/ciles having jurisdiction over the areas covered by
Ine zona,

3 A connon colot for tticycleslor-hire operating in the same zone may be inposed. Each unit
shall bo assigned and beat an identification number, aside fron its LTO ticense piate number.

4 An operator wishing to stop sevice conpletety, or to suspend service fot morc than one mofth,
should repol in writing such temination or suspension lo lhe SB/S P which oiginally granted the
MTOP pio( thereto. Trcnsfer to anolher zone nay be permifted upon applicatioi.

5. fhe MTOP shal be valid for three (3) yearc, renewable fot the same peiod. Transfet to another
zone, change of ownership of unit or tnnsfer of MTOP shalt be construed as an amendment lo an
MTOP and shall requirc aryropiat7 approvat of the SB/S?.

6, Operclors sha empky only dtiverc duty licensed by LTO for tricyclesJot-hie.

7. No tricycle-for-hire shall be allowed to carry norc passengerc and/ot goods lhan I ls designod
to(.

L A tticyclelorhito shall be allowed to opsnte like a taxi sevice, i,e., sevice is rendercd uDon
demand and without a fixed rcute wilhin I zoneJ!

Itis therefore clear that under the GENERAL rule, tricycles and pedicabs are prohibited
to operate along the national highway; the EXcEprIoN to the prohibition is if there is
No ALTERNATIVE RoAD, as categorically provided for in an ordinance duly enacted by
the Sa nggu nian.

Applying the foregoing premises, it is clear that the Sanggunian may, through an
ordinance, allow the operation of tricyles-for- h ire along the national highway under
conditions set forth in the Dorc's Guidelines, as reiterated in DILG MC Nos. 2oo7-oi,
and 2011-68, provided that there is no alternative route.
 In the absence of an ordinance providing authority for their operation, tricycles are
therefore prohibited from operating along the national highway.

We hope to have enlightened you on this matter.

Very truly yours,

TESUS B.
Director I

l"