EXECUTIVE ORDER NO. 41

Series of 2020

REGULATING THE USE OF MOTORCYCLES WITHIN THE CITY OF BOGO DURING THE PERIOD OF COMMUNITY QUARANTINE

 

WHEREAS, on March 8, 2020, President Rodrigo R. Duterte issued Presidential Proclamation No. 922 declaring a State of Public Health Emergency throughout the Philippines;

WHEREAS, on June 29, 2020, the IATF-MEID issued Resolution No. 50-A that placed the entire Province of Cebu under a Modified General Community Quarantine risk classification except for the City of Cebu, the Municipality of Consolacion, and the Municipality of Minglanilla that continue to remain under GCQ;

 WHEREAS, on July 16, 2020, the City Mayor of Bogo issued Executive Order No. 40, series of 2020, Prescribing Localized Modified General Community Quarantine Protocols, Standards, And Guidelines To Be Observed Within The City Of Bogo;

WHEREAS, a great percentage of the population of the City of Bogo depend on motorcycles for their daily essential travel during the community quarantine where there is want of adequate public transportation;

WHEREAS, Section 7 of Republic Act No. 4136 or the Land Transportation and Traffic Code provides, to wit:

Section 7. Registration Classification. Every motor vehicle shall be registered under one of the following described classifications:

(a) private passenger automobiles; (b) private trucks, and (c) private motorcycles, scooters or motor wheel attachments. Motor vehicles registered under these classifications shall not be used for hire under any circumstances and shall not be used for hire under any circumstances and shall not be used to solicit, accept, or be used to transport passengers or freight to pay.

For the purpose of this section, a vehicle habitually used to carry freight not belonging to the registered owner thereof, or passengers not related by consanguinity or affinity within the fourth civil degree to such owner, shall be conclusively presumed to be “for hire”. (Emphasis supplied)

WHEREAS, the Supreme Court of the Philippines held that a motorcycle owner may ferry a passenger as long as no fee is required (LTFRB and DOTR v. Hon. Carlos A. Valenzuela et. al, G.R. No. 242860);

 WHEREAS, the Local Government Code of 1991 mandates the Local Government Units (LGUs) to exercise powers necessary, appropriate, or incidental for its efficient and effective governance and those which are essential to the promotion of general welfare, health and safety;

WHEREAS, the Department of the Interior and Local Government issued an Advisory dated July 15, 2020 advising LGUs that the back-riding on motorcycles shall be allowed and that the latter are tasked with the monitoring of its proper implementation within their respective areas of jurisdiction;

NOW THEREFORE, by virtue of the powers vested in me by law, I, CARLO JOSE A. MARTINEZ, Mayor of the City of Bogo hereby order to regulate the use of motorcycles within the City of Bogo during the period of community quarantine, to wit:

SECTION 1.   Back riding.  In addition to the restrictions provided under RA No. 4136 and other applicable laws regulating the use of motorcycles, owners of private motorcycles operating within the City of Bogo during the community quarantine period may transport passengers or back riders, provided:

1.1 Mandatory Provisions. The following mandatory provisions must be conformed:

(a) Only one (1) passenger is allowed per trip;

(b) No fee is charged;

(c) Both driver and passenger must wear DTI-approved helmets;

(d) The driver and passenger must wear closed shoes;

(e) Both driver and the passenger must be a Home Quarantine Pass (HQP) holder, One Day Pass Holder or Worker’s Pass Holder;

(f) A Valid Identification Card must be presented as proof of identity of the driver and passenger;

(g) Wearing of face masks, or face shields, or such other protective equipment or any combination thereof.

1.2 Persons allowed as passenger. Any person who is living in the same household with the driver shall be allowed as a back-ride provided that the passenger is:

(a) A relative by consanguinity or affinity within the fourth civil degree of the driver; or

(b) A legal spouse, a common-law spouse or live-in partner of the driver.

SECTION 2. Proof of Relationship. The following documents shall be presented to prove compliance with Section 1.2 hereof:

2.1 For legal spouses, an original copy of the Marriage Certificate;

2.2 For common law spouses, or live-in partners, or relative by consanguinity or affinity within the fourth civil degree a Certification bearing the signature and dry seal of the Local

Chief Executive certifying the fact of their relationship and that they are living within the same household.

For City of Bogo residents, a certification may only be issued if the records as per database of the Family Assessment Card will show that the applicants of such certification are living in the same household and that they are compliant with the relationship requirement prescribed herein.

SECTION 3. Enforcement.  The Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) are hereby directed to enforce and follow the above-mentioned guidelines.

SECTION 4. Harmonization Clause. As far as practicable, all Executive Orders issued by the City Mayor relative to the COVID-19 pandemic shall be read and interpreted in harmony with this EO. Should an ambiguity or confusion arise from the interpretation of this EO and previous EOs, the provisions of this EO shall prevail.

SECTION 5. Separability Clause. Should any provision of this Executive Order be declared by a court of competent jurisdiction as invalid or unconstitutional, the remaining provisions not otherwise adversely affected thereby shall remain in full force and effect.

SECTION 6. Repealing Clause. Any and all executive orders, issuances, rules and regulations, memoranda of the City Government of Bogo or any part thereof which are inconsistent with the provisions of this Executive Order are hereby repealed, amended or modified accordingly.

SECTION 7. Effectivity. This Order shall take effect immediately upon signing hereof and shall remain effective until revoked.

 

So ordered.

 

Bogo City, Cebu, Philippines. August 5, 2020.

 

 

 

ATTY. CARLO JOSE A. MARTINEZ

City Mayor