Republic of the Philippines

National Capital Region

SANGGUNIANG PANLUNGSOD
CITY OF YAKULT

CITY ORDINANCE NO. 069, s. 2015

Author: Councilor J.P. Gallano

AN ORDINANCE ILLEGALIZING THE USE OF CARBURETED TWO-

STROKE ENGINE MOTORCYLCES USED FOR TRICYCLES-FOR-
HIRE IN THE CITY OF YAKULT, PROVIDING PENALTIES FOR
VIOLATION THEREOF, APPROPRIATING FUNDS THEREFOR, AND
FOR OTHER PURPOSES.

WHEREAS, the 1987 Constitution of the Philippines, under Article II, Section 15, provides that
the State shall promote and protect the right of the people to health and shall instill among them a
sense of health consciousness. And it further provides, under Article II, Section 16, that the State
shall protect and advance the right of the people to a balanced and healthful ecology in
accordance with the rhythm and harmony of nature.

WHEREAS, the R.A. 8749, otherwise known as the Philippine Clean Air Act of 1999,
recognizes the right of every citizen to breathe clean air, and declares and recognizes the primary
responsibility of local government units to deal with environmental problems.

WHEREAS, the R.A. 7160, otherwise known as the Local Government Code of 1991, under
Section 458, 3 (vi), empowers the city governments to regulate the operation of tricycles and
grant franchises for the operation thereof within the territorial jurisdiction of the city.

WHEREAS, the Land Transportation Office, by virtue of a Resolution passed in 2003, will no
longer register two-stroke engine motorcycles, and will impose a ban on the importation of such
starting the year 2003.
WHEREAS, the Sangguniang Panlungsod of the City of Yakult recognizes the detriments
caused by the outdated motorized transport technologies like the two-stroke engine motorcycles.

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

THE SANGGUNIANG PANLUNGSOD OF THE CITY OF YAKULT, BY
VIRTUE OF THE POWERS VESTED IN IT BY LAW, IN SESSION
ASSEMBLED THAT:

CHAPTER I
General Provisions

SECTION 1. Title. This Ordinance shall be known as the “AN ORDINANCE ILLEGALIZING
THE USE OF CARBURETED TWO-STROKE ENGINE MOTORCYLCES USED FOR
TRICYCLES-FOR-HIRE IN THE CITY OF YAKULT, PROVIDING PENALTIES FOR
VIOLATION THEREOF, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES.”

SECTION 2. Definition of Terms. For the purposes of this Ordinance the following
terminologies are defined as follows:

(a) “Decommissioning” refers to the act of withdrawing of an operational machinery or

vehicle from active service.

(b) “E-trikes” refers to any tricycle that employs electric motors, instead of internal
combustion engines, as its main propulsion system.

(c) “Four-Stroke Engine Motorcycles” refers to a more advanced and efficient form of
internal combustion engine in which an explosive mixture of fuel and air is drawn into
the cylinder on the first stroke and is compressed and ignited on the second stroke; work
is done on the third stroke and the products of combustion are exhausted on the fourth
stroke.
 (d) “Junking” refers to disposal.

(e) “Motorized Transport Technologies” refers to the types of propulsion systems that
are used to drive a vehicle.

(f) “Shared-Cost Basis” refers to the basis of payment for a thing, in which the City
Government will provide financial assistance to the private sector, at a preset percentage
of sharing.

(g) “Tricycles-for-Hire” refers to the public utility vehicles propelled using a motorcycle
with an attached sidecar that are registered and given the corresponding franchises by the
City Government to operate for public transportation purposes.

(h) “Two-Stroke Engine Motorcycles” refers to the primitive and less efficient form of
an engine in which the pistons perform two strokes per engine cycle, wherein the first
stroke intakes fuel and air, and compresses the mixture, combust the same and exhaust
the resulting fumes during the second stroke.

SECTION 3. Coverage. This Ordinance shall provide a framework for the transition of the usage
of two-stroke engine motorcycles to the four-stroke engine motorcycles or any other forms of
motorized transport technologies, like e-trikes, and the eventual banning of the former, of the
tricycles-for-hire registered and franchised within the City of Yakult.

CHAPTER II
Regulatory Provisions

SECTION 4. Banning of Two-stroke Engine Motorcycles. This Ordinance is hereby banning

the further use of two-stroke engine motorcycles for the tricycles-for-hire registered and
franchised within the City of Yakult.
SECTION 5. Shift to Four-stroke Engine Motorcycles or other forms of Motorized Transport
Technologies. The owners of the tricycles-for-hire that are still using the two-stroke engine
motorcycles are hereby mandated by this Ordinance to shift to four-stroke engines, or any other
form of motorized transport technologies, like e-trikes. The procedures for the aforementioned
shift shall be defined by the succeeding Chapter.

CHAPTER III
Framework for Transition

SECTION 6. For the current operators and owners of tricycles-for-hire still using two-stroke
engine motorcycles by the time of the passing of this Ordinance, the following timetable shall
serve as the basis for the shift from two-stroke engine motorcycles to four-stroke engine
motorcycles:

(i) For two-stroke engine motorcycles acquired on 1999, or earlier, the IMMEDIATE
decommissioning of the old motorcycles, and the shift to four-stroke engine motorcycles
is hereby mandated.

(ii) For two-stroke engine motorcycles acquired during the years 2000 to 2001, a
PERIOD OF THREE MONTHS is given for the decommissioning of the old
motorcycles, and the shift to four-stroke engine motorcycles.

(iii) For two-stroke engine motorcycles acquired during the years 2002 to 2003, a
PERIOD OF SIX MONTHS is given for the decommissioning of the old motorcycles,
and the shift to four-stroke engine motorcycles.

(iv) For two-stroke engine motorcycles acquired during 2004, or later, a PERIOD OF
TWELVE MONTHS is given for the decommissioning of the old motorcycles, and the
shift to four-stroke engine motorcycles.
 After the expiry of the prescriptive period, a grace period of 30 days shall be given to the
owners, drivers, and/or operators of the two-stroke engine motorcycles. Further non-compliance
to the rules set forth in this Section shall be penalized, with the rules being set in the succeeding
Chapters.

SECTION 7. Decommissioned Two-stroke Engine Motorcycles. All decommissioned two-

stroke engine motorcycles shall be collected by the City Government for proper disposal or
clearance.

SECTION 8. Compensation for Owners. The owners of the decommissioned two-stroke engine
motorcycles, which are collected by the City Government, shall receive a just compensation. The
amount of compensation to be given shall be determined by the City Assessor, and such
compensation shall be disbursed immediately, through the Office of the City Treasurer, after the
determination of the amount is done.

SECTION 9. Treatment of the Decommissioned Motorcycles. The City Assessor shall, within a
period of 15 days after the collection of the decommissioned two-stroke engine motorcycles,
evaluate the fair market value of the motorcycle, or any of its parts, for the purpose of disposal.
The decommissioned two-stroke engine motorcycles may be:

(i) Sold as a second-hand unit.

(ii) Sold as scrap to recycling facilities.

(iii) Foraged for spare parts, of which will be sold to parts retailers, or through a
government auction.

(iv) Junked to a city waste management facility.

SECTION 10. Collection and Disposition of Proceeds. All proceeds from the selling of the
decommissioned two-stroke engine motorcycles, or any part thereof, shall be collected by the
City Treasurer, and shall accrue to the Government Funds.
CHAPTER IV
City Government Financial Support and Assistance

SECTION 11. The City Government of Yakult, through any of its instrumentalities, shall provide
for programs to assist the tricycle-for-hire drivers and operators in the shift from a two-stroke
engine motorcycle to a four-stroke engine motorcycle by offering subsidies for the acquisition of
new units of four-stroke engine motorcycles through a shared-cost basis. A preset percentage of
share of the City Government for the acquisition of new units shall be as follows:

(i) For the units falling under Section 6, paragraph (i), a 25 percent (25%) share to the
actual cost shall be provided by the City Government.

(ii) For the units falling under Section 6, paragraph (ii), a 20 percent (20%) share to the
actual cost shall be provided by the City Government.

(iii) For the units falling under Section 6, paragraph (iii), a 15 percent (15%) share to the
actual cost shall be provided by the City Government.

(iv) For the units falling under Section 6, paragraph (iv), a 10 percent (10%) share to the
actual cost shall be provided by the City Government.

SECTION 12. Only the City Treasurer shall be allowed to make the disbursement of funds to the
beneficiaries of the City Government subsidies following the shared-cost basis.

CHAPTER V
Budget Appropriations
SECTION 13. Appropriations. An amount of three million (3,000,000) pesos shall be
appropriated by the City Government for the actuation of the provisions set forth by the Chapter
IV of this Ordinance. The said appropriation shall be charged from the Government Funds.

CHAPTER VI
Penal Provisions

SECTION 14. Administrative Procedure and Imposable Administrative Fines. Non-complying

owners, driver, and/or operators of two-stroke engine motorcycles used in tricycles-for-hire to
shift to four-stroke engine motorcycles shall, by the time that both the prescriptive and grace
period, as provided by the Section 6 hereof, has passed, be issued with citation tickets. Citation
tickets may only be issued by the City Traffic Bureau if the violating tricycle-for-hire continues
to operate after the grace period has passed.

SECTION 15. Penalties. For the non-complying owners, drivers, and/or operators who have
been issued with a citation ticket shall pay the following amount to the City Treasurer’s Office:

(i) For the first citation ticket issuance, an amount of two thousand, five hundred (2,500)
pesos.

(ii) For the second citation ticket issuance, an amount of five thousand (5,000) pesos.
And a suspension of the franchise of the tricycle-for-hire for a period of one (1) month.

(iii) For the third citation ticket issuance, an amount of ten thousand (10,000) pesos, and
full revocation of the franchise of the tricycle-for-hire.

Compliance to this Ordinance shall be a prerequisite for the issuance of franchises for
tricycles-for-hire within the City of Yakult.

SECTION 16. Collection and Disposition of Fines. All monies collected from the payment of
fines shall be collected by the City Treasurer, and shall accrue to the Government Funds.
 CHAPTER VII
Special Provisions

SECTION 17. Auditing Requirements. For the purposes of transparency, all collections and
disbursement of funds, as provided under the Sections 8, 10, 12, 13, and 16 hereof, shall be
subjected to auditing of the City Accountant. Such auditing must take place on a quarterly basis.

SECTION 18. Reportorial Requirements. The City Treasurer, City Assessor, and the City
Accountant shall, on a quarterly basis, submit a detailed report to the Office of the City Mayor
and to the Office of the Sangguniang Panlungsod regarding the status, utilization, disposition of
the appropriated and/or collected funds.

SECTION 19. Implementing Rules and Regulations. The City Mayor shall, within a period of
thirty (30) days from the effectivity of this Ordinance, promulgate the necessary rules and
regulations to implement this Ordinance. This must be done in coordination with the
Sangguniang Panlungsod, the City Treasurer, City Assessor, and the City Accountant.

CHAPTER VIII
Final Provisions

SECTION 20. Repealing Clause. All City Ordinances, Resolutions, Rules and Regulations, or
parts thereof inconsistent herewith are hereby repealed, replaced, or modified accordingly.

SECTION 21. Separability Clause. If, for any reason, any provision of this Ordinance is
declared unconstitutional or invalid, the other parts hereof which are not affected thereby shall
remain to be in full force and effect.
SECTION 22. Effectivity Clause. This Ordinance shall take effect immediately fifteen (15) days
after its publication in two (2) newspapers of general circulation within the Metropolitan Manila.