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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 1482 -
DIRECTING THE LEGALIZATION OF "COLORUM" MOTORIZED TRICYCLES |
The Minister of Finance
The Minister
of Local Government
The Governor
of Metropolitan Manila
The Chairman
of the Land Transportation Commission
The Chairman
of the National Police Commission
The Chief of
the Philippine Constabulary
All
City/Municipal Mayors/Sangguniang Panlungsod/Bayan Members
All Concerned
WHEREAS, the National Government recognizes that the tricycles plays an important role, in the existing public transportation hierarchy in municipalities, where it is, in most cases, the primary means of transportation;
WHEREAS, it is the policy of the National Government to allocate to the local governments a greater responsibility in permitting and controlling tricycles operations, consistent with the policy that the tricycles is more of a local government concern than a national one;
WHEREAS, the Ministry of Transportation and Communications (MOTC) and the Land Transportation Commission (LTC) are presently conducting a study on how to effect the decentralization of operations and the delegation of specific authorities to local officials regarding the franchising licensing of motorized tricycles for public transport;
WHEREAS, the Ministry of Finance (MOF) and the Ministry of Local Government (MLG) have expressed their willingness to participate and assist in the aforementioned study;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and by law, and in order to rationalize and put to the order the operations of tricycles in the country in the interest of public safety, do hereby order and direct:
SECTION 1. Declaration of Policy. — The National Government recognizes the role of the tricycles as the principal mode of public transport especially in non-urban areas. The operations of motorized tricycles shall be controlled and properly legalized with the end in view of instituting effective management thereof. Being primarily a non-urban mode of transport, local governments are hereby tasked to actively participate in the regulation of motorized tricycles.
Sec. 2. Scope. — The legalization program shall cover all illegally operated or "colorum" tricycles operating as of October 31, 1985, and shall be effective for a period of six (6) months starting November 1, 1985.
Sec. 3. Definition of Terms. — Whenever any of the
following words or phrases is used in this Letter of Instructions, they
shall be understood to mean as indicated:
1.
Tricycle — is a motor vehicle propelled other than by muscular power,
composed of a motorcycle fitted with a single-wheel sidecar, or a
motorcycle with a two-wheel rear cab, the former having a total of
three wheels and the latter having a total of four wheels, otherwise
known as the motorela.
2.
Legalization — is the act of the Government to make the operations of
tricycles legal and in order.
3. Colorum —
is a private vehicle operated for public utility purposes without the
benefit of a valid and existing special permit, provisional authority
or franchise.
4.
Geographical Area of Responsibility (GAOR) — is the area covered by a
particular agency of the Land Transportation Commission (LTC).
5. Route
Measured Capacity (RMC) — number of trips to efficiently meet the
passengers demand.
6. Commission
— shall always be understood to refer to the Land Transportation
Commission.
7. Chairman —
refers to the Chief Executive Officer and Presiding Officer of the
Commission.
8. Regional
Office — is the administrative unit of the Commission maintained within
a Region.
9. Agency — is
the administrative unit of the Commission maintained and operate within
the Geographical Area of Responsibility tasked with the registration of
motor vehicles and the acceptance of application or legalization of
motorized tricycles recommended by the local government through the
Mayor.
Sec. 4. Duties and Responsibilities. — The following offices are to undertake the following functions:
1.
Sangguniang Panlungsod/Bayan through the Mayor shall:
a.
Conduct a comprehensive survey of all existing tricycle routes within
the city/municipality to determine the Route Measured Capacity (RMC).
b. Conduct an
inventory of all existing and actually operating tricycle units in the
city/municipality.
c. Certify and
submit to the Agency having jurisdiction over the city/municipality the
survey results required under the immediately preceding paragraphs "a"
and "b" and furnish a copy of the reports to the Regional Office and
the Central Office of the Commission.
d. Receive,
process and evaluate all applications filed under this program, collect
the filing fee in the amount of One Hundred Pesos (P100.00) per unit
and retain 75% thereof.
e. Submit to
the Agency concerned all applications received and recommended together
with all the documentary requirements every 15th day of each month
enclosing therewith the corresponding Postal Money Order representing
25% of the filing fees collected.
f. Upon
receipt of the Certificate of Public Convenience issued by the
Commission approving the application under this program, the
city/municipality concerned shall distribute to the individual grantees
said certificates.
g. The
city/municipality shall closely monitor the progress of the program and
cause the apprehension of units operated without appropriate
Provisional Authority of Certificate of Public Convenience in
coordination with the Commission.
a.
Coordinate and support all the activities of all city/municipal
governments, the Commission as well as its other subsidiary units to
ensure the attainment of the purpose of this Letter of Instructions.
b. Conduct the
actual physical inspection of the tricycle with concentration on the
body configuration and fitness to operate as a public utility vehicle.
c. Prepare and
sign Motor Vehicle Inspection Report (MVIR) for inclusion in the
application form for legalization.
a.
Assist and support the Commission and the INP in all their activities
to ensure attainment of the purpose of this Letter of Instructions.
a.
Instruct the City/Municipal Treasurers to ensure the collection of the
filing fees, remittance of 25% to the LTC and retention of the 75%
thereof by the local government.
a.
Instruct and enjoin all Sangguniang Panlungsod/Bayan through the Mayor
to undertake the legalization Program as provided in this Letter of
Instructions.
b. Provide the
required support and resources to ensure the total and successful
implementation and realization of the objectives of this Program.
a.
Provide necessary assistance in terms of policy realignment and
required resources to implement the Program.
7.1
Agency
a.
shall be primarily responsible in the maintenance of all records on
tricycles operated within the GAOR to include the survey results
submitted by the Sangguniang Panlungsod/Bayan.
b. Whenever
necessary, shall extend assistance to the Sangguniang Panlungsod/Bayan
particularly in the determination of the route measured capacity and
some other technical aspects necessary and inherent to a successful
implementation of this Letter of Instructions.
c. Shall
evaluate all applications filed and submitted by tricycle operators
through the Sangguniang Panlungsod/Bayan particularly the supporting
documents thereof, cross-checking accordingly against the documents
filed in the concerned agency.
d. Shall
assess and collect all fees due from such applications particularly the
registration fees and correspondingly issue the Official Receipts
(MVRR) acknowledging payment thereof which shall henceforth serve as
their Provisional Authority.
e. When all
the required documents are satisfied and fees collected, shall issue a
new "for hire" plate. In case, however, where concerned tricycle was
previously issued a plate of different classification, such plate shall
first be surrendered before issuing the new "for hire" plate.
f. Shall
indicate in the Receipt (MVRR) the place or route where the
tricycle is authorized to operate.
g. All
documents submitted, evaluate and processed by the Agency related to
this Letter of Instruction shall be compiled and submitted to the
Central Office accompanied by a tabulated statement (See Annex ____)
every 15th day of each month direct to the Central Office, a copy of
the tabulation provided the Regional Office.
a.
Shall be responsible in coordinating the activities of all government
agencies tasked to some activities under this Letter of Instructions.
b. Shall
maintain all the necessary statistics related to the route measured
capacity and the number of tricycles actually operating the route.
a.
Shall establish and maintain the Central Monitoring Office to ensure
that the goals and objectives of this Letter of Instructions are
attained by keeping track of and solving the problems encountered.
b. Shall issue
relevant regulations and recommend additional measures to ensure the
success of the program.
c. Shall
evaluate the tabulated reports by agency to ensure the attainment of
goals set in the program.
d. Shall issue
the printed Certificate of Public Convenience to each unit legalized
and transmit the same to the City/Municipal Mayor for distribution to
the individual grantees.
e. Shall
record all CPC's issued and forwarded to the field.
Sec. 5. Who May Apply. — All owners of tricycles may apply under the legalization program, provided they possess the following qualifications:
1.
The applicant is a Filipino Citizen;
2. The
applicant owns the tricycle.
Sec. 6. Venue of Application. — All applications filed under this program shall be submitted to the concerned Sangguniang Panlungsod/Bayan where the unit is presently operated, or where the applicant/owner is a resident.
Sec. 7. Documentation. — Any person applying under
the legalization program shall submit the following documents to the
Sangguniang Panlungsod/Bayan through the Mayor.
1.
Documents attesting to the applicant's citizenship
2.
Certification of the Barangay Captain:
a.
that applicant is a bona-fide resident of the Barangay within the
City/Municipality; or
b. that the
unit applied for is actually operating in the City/Municipality.
4. Motor Vehicle Inspection Report; (MVIR).
Sec. 8. Collectible Fees. — Without prejudice to whatever the agency shall collect from the tricycle owner/operator, i.e., registration fees, legal research fund, the city/municipal treasurer shall collect the amount of One Hundred Pesos (P100.00) representing legalization fee. Seventy-five per cent (75%) shall be retained by the city/municipality and shall form part of their funds, and the remaining twenty-five per cent (25%) shall be remitted through Postal Money Order made payable to the Commission.
Sec. 9. Administrative Boundaries. — The authority
granted to each Sangguniang Panlungsod/Bayan shall be limited and
confined to the boundaries of the City or Municipality. The Sangguniang
Panlungsod/Bayan may only recommend tricycles operated within the
city/municipality or owned by residents thereof.
In case where travel between two municipalities can only be done by
tricycles in the absence of any higher mode of transportation, the
municipalities concerned shall agree between/among themselves how
incursions of tricycles belonging to another municipality will be
treated.
SECTION 10. Limits of Operations. — Generally,
tricycles are authorized to operates on any road within the
municipality. However, they are prohibited to operate along the
national highway or on any road which allows a maximum speed greater
than 40 KPH, especially on well-paved, high speed roads, unless special
tricycles/bicycles lanes on the shoulder are provided, except to cross.
In the case of cities or densely populated centers, they may travel
within the city or municipality subject, to the conditions set forth in
the immediately preceding paragraph. However, the Sangguniang
Panlungsod may limit and fix the routes by adopting a scheme of
boundaries as they may heretofore impose.
SECTION 11. Change of Unit. — A change of unit of
substitution may be allowed only when the supply level is below the
demand level or when the route measured capacity (RMC) is not
saturated. When such conditions prevail, the Sangguniang
Panlungsod/Bayan may recommend the change of unit to the agency and the
latter before effecting such change, shall require among others, the
surrender of the For Hire plate of the unit sought to be substituted.
SECTION 12. Miscellaneous Provisions. —
a.
Amnesty — All unpaid fees and penalties accruing against the tricycles
are hereby condoned except the current registration fee shall be paid
and collected in full regardless of the remaining portion of the
registration year and miscellaneous fees.
b. CHPG
Clearance, Affidavits and Bond — Owners of tricycles who cannot produce
their ownership papers shall execute an affidavit of ownership duly
attested by affidavits of two (2) disinterested parties. The CHPG
Clearance, is hereby waived for this purpose and the Commission may
proceed to register the unit in the name of the actual owner.
c. Exception
to the Demand Level — Notwithstanding the number of tricycles
established by the RMC, as the true level of demand, all units
including those in excess of the demand level may be accepted for all
legalization provided they are actually operated as of October 31, 1985.
d. Appeal — If
for one reason or the other, a tricycle owner/applicant is aggrieved by
any decision of any Sangguniang Panlungsod/Bayan through the Mayor
related to this Letter of Instructions, such tricycle owner/applicant
may file an appeal to the Commission through the appropriate Agency
citing therein the reasons of such appeal.
e. Authority
of Metro Manila Commission. — The authorities and responsibilities
defined under Sec. 4, Paragraph 1 hereof and such other provisions,
related thereto, shall be exercised by the Metropolitan Manila
Commission for the cities and municipalities under it. However, it may
delegate the same to the cities and municipalities under its
jurisdiction.
f.
Non-cooperation — Without prejudice to whatever actions that may be
taken against any official concerned in this Letter of Instructions,
the Commission through its respective field agencies/units shall
undertake the functions defined herein in case of non-cooperation. In
case of the Sangguniang Bayan, the 75% of the legalization fee granted
under Sec. 4, sub-paragraph 1(d) shall likewise accrue to the
Commission.
SECTION 13. Penalty. — The owner/operator of any tricycle operating after the legalization period shall be penalized in accordance with the provisions of Republic Act No. 4136, as amended, and such other applicable existing laws, rules and regulations.
SECTION 14. Appropriations. — For purposes of this legalization program, the Commission shall make available whatever funds appropriated for their operations. Cities/Municipalities however, in view of their 75% share shall shoulder whatever expenses are needed at their end.
SECTION 15. Repealing Clause. — This Letter of Instructions shall take effect immediately.
Done in the City of Manila, this _______ day of _________ in the year of Our Lord, nineteen hundred and eighty-five.
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