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For 2nd Reading:

RESOLUTION NO. ___

Series of 2019

WHEREAS, this Sanggunian has passed Ordinance No. 2011-23 as amended by

Ordinance No. 2019-03 setting the load limit on trucks carrying materials from quarry operations
plying the provincial roads within the territorial jurisdiction of the Province of Cebu, providing
penalties for violations thereof, and for other purposes;

WHEREAS, the rationale of the passage of the afore-cited ordinance was that for many
years, provincial roads in the Province of Cebu have to deal with considerable damage resulting
from the use by heavy and/or large haulers for extended periods of time;

WHEREAS, at the time Ordinance No. 2011-23 was passed, most provincial roads
were not built to withstand the wear and tear caused by constant use of trucks weighing more
tons than the Provincial roads and bridges can accommodate including rainy seasons which used
to add to the problem rendering not only roads but also small bridges weak and have become
increasingly dangerous after continuous exposure to weights beyond the capacity of these
structures;

WHEREAS, it was the intention of Ordinance No. 2011-23 to protect provincial roads
and vital infrastructure like bridges from damage caused by trucks weighing more than these
roads and bridges can accommodate; and as an aid in designing a simplified system for legally
controlling the use of provincial roads by the heavy/large haulers through the use of lowered
weight limits and enforcement of these limits in provincial roads and other infrastructures;

WHEREAS, with the shift of the quality of roads following the upgrading of provincial
roads, Ordinance No. 2011-23 was amended by Ordinance No. 2019-03 as it was not anymore
relevant to the changing times and it did not anymore serve its primary purpose especially with
the Province of Cebu’s aggressive approach in attracting investments to spur local economic
development to achieve its vision, mission and development goals;

WHEREAS, with the National Government’s BUILD-BUILD-BUILD thrust to spur the

economy, the demand for materials to be used in infrastructure development is exponentially
increasing which further accelerates local economy with the booming construction industry
throughout Cebu generating local employment and makes Cebu an attractive place to invest;

WHEREAS, the passage of Republic Act 10963 otherwise known as the Tax Reform for
Acceleration and Inclusion (TRAIN) Law, coupled with the other economic factors, has
increased the cost of fuel and other basic commodities which makes the cost of transporting
various commodities expensive, thus affecting the business sector as it pours its investments in
Cebu;

WHEREAS, there are now hauling trucks plying within Cebu that can carry as much as
20 cubic meters of quarry materials but are not optimized and/or not adequately paying the right
taxes and other fees to the Provincial Government brought about by the afore-cited load limit
ordinance hence depriving the Province of Cebu of its rightful revenue;

WHEREAS, to make the infrastructure industry competitive and to accelerate the

infrastructure development of Cebu, promote the “ease in doing business” principles in the
Province of Cebu and keep it attractive to investments, generate the rightful revenue for the
Province of Cebu, and with the direction of the Cebu Provincial Government to build improved
standards of provincial roads and bridges that are at par with the national standards, it is
imperative to repeal Ordinance No. 2011-23 and Ordinance No. 2019-03 and solely adopt
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existing national laws and regulations relative thereto, which are deemed sufficient to respond to
the regulatory needs that the above ordinances sought to respond when they are enacted;

NOW, THEREFORE, on motion of Member, Hon. Horacio V. Franco duly seconded

by Member Hon. _______________________, be it

RESOLVED to enact, as it is hereby ENACTED, the following:

ORDINANCE NO. ________

ADOPTING NATIONAL LAWS AND REGULATIONS ON

LOAD LIMIT OF TRUCKS AND REPEALING ORDINANCE
NO. 2011-23 AND ORDINANCE NO. 2019-03 FOR THE
PURPOSE

The Sangguniang Panlalawigan of Cebu hereby ORDAINS, that:

Section. 1. Title. This ordinance shall be known and cited as an “Ordinance Adopting
National Laws and Regulations on Load Limit of Trucks.”

Section 2 Policy. It is the policy of the Province of Cebu to maximize the use of
infrastructure projects it has implemented, collect proper taxes from the industry, and attract
investments by creating a business-friendly environment. In the pursuit of this policy, any and all
activities to promote it should be fully supported.

Section. 3. Coverage. This ordinance covers all roads under the responsibility of the
Cebu Provincial Government referred to as “provincial roads” and all other provincial roads as
may be declared by law and/or by the Cebu Provincial Government.

Section 4. Repeal of Ordinances and Adoption of National Laws. Ordinance No.

2011-23 otherwise known as “Setting the Load Limit on Trucks Carrying Materials from Quarry
Operations plying the Provincial Roads within the Territorial Jurisdiction of the Province of
Cebu, Providing Penalties for Violations Thereof, and for Other Purposes” and Ordinance No.
2019-03 also known as “Rationalizing the Load Limit on Trucks Carrying Materials from
Quarry Operations plying the Provincial Roads within the Territorial Jurisdiction of the
Province of Cebu, Amending Ordinance No. 2011-23 for the Purpose” are hereby entirely
repealed. Only national laws and regulations shall be implemented and enforced in as far as Load
Limit of Hauling Trucks carrying materials from Quarry Operations plying the Provincial Roads
within the territorial jurisdiction of the Province of Cebu.

Section 5. Implementing Office. The Cebu Provincial Environment and Natural

Resources Office (PENRO) is automatically deputized and in-charge with the duty of the proper
and full implementation of the provisions of this ordinance.

Section 6. Repealing Clause. All ordinances, issuances, orders, rules, and regulations
which are inconsistent with any of the provisions of this ordinance are hereby deemed repealed
and/or modified accordingly.

Section 7. Separability Clause. If any of the provisions in this ordinance be declared

invalid or unconstitutional, those which are not so declared shall remain in full force and effect.

Section 8. Effectivity. This ordinance shall take effect immediately.

ENACTED AND CARRIED UNANIMOUSLY.

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HORACIO V. FRANCO
Sponsor