draft only.

Republic of the Philippines

SANGGUNIANG PANLUNGSOD
General Santos City

WHEREAS, the Local Government Unit of the City of

General Santos, through the enactment of City Ordinance
No. 37, Series of 2018, otherwise known as “Land
Transport and Traffic Code of the City of General Santos of
2018” has declared, inter alia, that tricycles are among the
symbols of the city’s pride and emblem and, in regard this,
endeavors to promote the operation of tricycles and
preserve its existence for posterity not only as a regular
means of transportation, but also as a tourist attraction in
itself;

WHEREAS, the provisions of Articles XIX and XX of

the same City Ordinance No. 37, Series of 2018, have set
forth the basic policy measures according to which
fabrication, manufacture, operation, and other aspects
pertaining to tricycles for private use and tricycles for hire
are to be carried out efficiently and effectively by the city’s
LGU through the appropriate agency thereof that has been
made primarily responsible therefor by law, together with
other responsible agencies of the National Government;

WHEREAS, General Santos City with an estimated

population of 584, 446 in 2015 is the most populated city in
Region 12, having an annual growth rate of 1.9% as
reflected in the 2015 census of the Philippine Statistics

1
Authority, and as such, is facing some major transportation
challenges;

WHEREAS, tricycle units operating in General Santos

City continue to increase exponentially without being
sufficiently regulated and controlled; and approximately one
hundred fifty (150) informal Tricycle Associations, hence,
the need to organize this sector into Cooperatives to
facilitate efficient and effective management and assistance
thereof ;

WHEREAS, over the years, the tricycle sector has

become a major social policy concern due to the increasing
number of traffic accidents involving tricycles, proliferation
of colorum or illegal units, and an ever-increasing number
of families that are dependent on tricycle operations for
livelihood, and regulating the operation of tricycle will be to
the best interest of the riding public for it will protect them
from unsafe, dilapidated units and abusive drivers, as well
as to decongest traffic;

WHEREAS, the operation of for-hire tricycles has been

a good source of livelihood and income to thousands of our
constituents and failure to control the mushrooming of
tricycles could bring a disastrous effect, such as cut-throat
competition among operators and drivers whose main
source of income depend on these vehicles in which a large
majority of the riding public continue to patronize;

WHEREAS, there is a need to integrate the Tricycle

Management Scheme to align with the Public Utility Vehicle
Modernization Program and the Local Public Transport
Route Plan;
2
 WHEREAS, under Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, certain
functions of the Department of Transportation and
Communication (DOTC) were transferred to the LGUs.
Thus, Section 458, states that:
(3) Subject to the provisions of Book Il of this
Code, enact ordinances granting franchises and
authorizing the issuance of permits or licenses,
upon such conditions and for such purposes
intended to promote the general welfare of the
inhabitants of the city and pursuant to this
legislative authority shall:
(VI) Subject to the guidelines prescribed by the
Department of Transportation and
Communications, regulate the operation of
tricycles and grant franchises for the operation
thereof within the territorial jurisdiction of the city;

WHEREAS, taking into account the new development

and recent policies issued vis-à-vis the pressing problems
of traffic congestion, this Sanggunian deems it exigently
necessary to integrate Tricycle Management Scheme into
the provisions of City Ordinance No. 37 Series of 2018 to
improve the operation, regulation, and demographic
aspects of the city through time, needs to be updated and
amended;

WHEREAS, guided by the primordial consideration of

serving the best interest of the riding public and the tricycle
sector, it is now imperative for General Santos City to
pursue improvements in the regulation of franchising and
operations of tricycles.
3
 NOW, THEREFORE, on motion of City Councilor Hon.
Franklin M. Gacal Jr., duly seconded by City Councilor(s)
________________________, be it-

RESOLVED, as it is hereby resolved, to enact the following

Ordinance:

Ordinance No.
Series of 2019

AN ORDINANCE ADOPTING THE GENERAL SANTOS

CITY TRICYCLE MANAGEMENT SCHEME AND FOR
OTHER PURPOSES
-------------------------------------------
Hon. Franklin M. Gacal Jr. - Author / Sponsor
-------------------------------------------
Be it enacted by the Sangguniang Panlungsod of
General Santos that:

Article I
GENERAL PROVISIONS

Section 1. Title. – This Ordinance shall be known as

the General Santos City Tricycle Management Scheme of
2019.

Section 3. Scope of Application. – This Ordinance

applies to all Tricycle Operators and Drivers Cooperatives
(TODCO) within the territorial jurisdiction of General Santos
City, including TODCO holding existing dual franchise, and
those tricycles used for conveying goods or services.
4
 Section 4. Definition of Terms. – As used in this
Ordinance, the following terms shall mean:

1. CERTIFICATE OF PUBLIC CONVENIENCE (CPC) - is

an authorization issued by the Motorized Tricycle
Franchising Regulatory Board (MTFRB) for the operation
of tricycles for public use as required by law;

2. COLORUM - is a motorized tricycle, whether for hire or

utility service, operating under the following condition, to
wit,
(a) When operating without the appropriate franchise
and permits issued by the City;
(b) When operating with expired MTOP;
(c) When operating outside the designated cluster
without prior authority from the MTFRB;

3. DRIVER - refers to any person having control of the

directional and motive power of a vehicle;

4. Driver’s Identification Card- issued by the Local

Government Unit to official drivers of tricycles with
franchise/ MTOP;

5. OUT OF CLUSTER - tricycles operating beyond their

designated cluster or authorized area of operation.

6. OPERATOR – any qualified individual or cooperative

granted with MTOP;

7. OWNER –is an individual, juridical or natural entity, as

shown in the Certificate of Registration.
5
8. MOTORIZED TRICYCLE-FOR-HIRE - is a tricycle for
hire rendering transport services to the general public for
a fee;

9. MOTORIZED PEDICAB - originally

10. RESIDENT - refers to a natural person who is a

registered voter of the City and residing in the City for
at least one (1) year;

11. ROUTE MEASURED CAPACITY (RMC) – is the

number of motorized tricycles for hire allowed in each
cluster as set by the Sangguniang Panlungsod;

12. PUBLIC TRANSPORT USER’S WAITING/TRANSFER

FACILITY - is the designated place for boarding and
alighting of passengers and for inter-modal connections
for passenger transfers;

13. TODCO - refers to the Tricycle Operators and Drivers

Cooperative.

14. MOTORIZED TRICYCLE FRANCHISING

REGULATORY BOARD (MTFRB) - is created pursuant
to City Ordinance No. 49, An Ordinance Franchising
and Regulating the Operation of Motorized Tricycles in
General Santos City authorized to issue Certificates of
Public Convenience or franchise to Motorized Tricycle
for hire and utility tricycle;

15. UTILITY MOTORIZED TRICYCLE - is a tricycle

rendering transportation of goods and services for
legitimate business purposes;

16. CDA – refers to Cooperative Development Authority

6
 under the Office of the President;

17. CEO – City Engineers Office;

18. LOCAL GOVERNMENT UNIT (LGU) – refers to the City

Government of General Santos;

19. CODE – Land Transport and Traffic Code of the City of

General Santos of 2018;

20. CPDO – City Planning and Development Office;

21. CITY TRAFFIC CITATION TICKET – refers to a

complaint or notice upon which a City Traffic
Enforcement Officer shall record an occurrence
involving one or more vehicle traffic law violations by the
driver or person cited;

22. CITY TRAFFIC ENFORCERS – traffic enforcers duly

paid from the fund of the City Government of General
Santos;

23. CTO – City Treasurers’ Office;

24. CLUSTER – is a contiguous land area or a group of

adjoining barangays within which a tricycle-for-hire may
operate without a fixed origin and destination;

25. CMO – City Mayor’s Office;

26. CTTMD – City Transport and Traffic Management

Division under the Public Safety Office;

27. DANGEROUS DRUGS AND OTHER SIMILAR

SUBSTANCES – refer to drugs listed in the schedules
annexed to the 1961 Single Convention on Narcotics
7
 Drugs, as amended by the 1972 Protocol, and in the
schedules annexed to the 1971 Single Convention of
Psychotropic Substances as enumerated in its
attachment which is an integral part of Republic Act No.
9165, otherwise known as the “Comprehensive
Dangerous Drugs Act of 2002” and those that the Board
may reclassify, add to or remove from the list of
dangerous drugs;

28. DILG – Department of the Interior and Local

Government;

29. DOTr – Department of Transportation;

30. DPWH – Department of Public Works and Highways;

31. DRIVING UNDER THE INFLUENCE OF ALCOHOL –

refers to the act of operating a motor vehicle while the
driver’s blood alcohol concentration level has, after
being subjected to a breath analyzer test, reached the
level of intoxication, pursuant to Republic Act 10586,
also known as the Anti-Drunk and Drugged Driving Act
of 2013;

32. DRIVING UNDER THE INFLUENCE OF DANGEROUS

DRUGS AND OTHER SIMILAR SUBSTANCES – refers
to the act of operating a motor vehicle while the driver,
after being subjected to confirmatory test as mandated
under Republic Act No. 9165, is found to be positive for
use of any dangerous drug;

33. DTI – Department of Trade and Industry;

34. E-TRIKE – also known as E-tricycle or Electric Tricycle,

is a three-wheeled vehicle powered by electric motor;
8
35. GROSS WEIGHT – the combined weight of a vehicle
and the weight of any load thereon;

36. GSCPO - General Santos City Police Office;

37. KABIT SYSTEM – an illegitimate arrangement whereby

a person who has been granted a Certificate of Public
Convenience (CPC) or a Motorized Tricycle Operators
Permit (MTOP), allows other persons who own motor
vehicles to operate them under his license, sometimes
for a fee or percentage of the earnings;

38. LOADING – the temporary halting of a motor vehicle for

the purpose of and while actually engaged in boarding;

39. BOARDING – the act of passengers getting into or

goods being loaded into a vehicle;

40. ALIGHTING – the act of passengers getting off or goods

being unloaded from a vehicle;

41. LTO – Land Transportation Office under the Department

of Transportation (DOTr);

42. MOTOR VEHICLE – means any conveyance designed

to be self-propelled vehicle, commonly wheeled, that
does not operate on rails and is used for the
transportation of people and/or cargo;

43. MTOP – Motorized Tricycle Operator’s Permit; is the

document granting license to an individual or
cooperative to operate tricycle-for-hire over a specific
cluster.
9
44. MVIP – Motor Vehicle Impounding Permit; the
document that authorizes a deputized traffic law
enforcer to impound a vehicle;

45. OVERLOADING – a situation wherein the allowable

gross weight and seating capacity of the tricycle is
exceeded;

46. PEDICAB – refers to a human-powered three-wheeled

vehicle;

47. PSO – Public Safety Office;

48. PUBLIC UTILITY VEHICLE – refers to a motor vehicle

considered as public transport conveyance or common
carrier;

49. ROAD – sometimes called street or highway, means

that part of the land surface designed or used for the
passage of vehicles, whether motorized or not, inclusive
of sidewalks and shoulders forming part of the right-of-
way;

50. TRAFFIC MANAGEMENT AUTHORITY – refers to the

office designated and authorized to perform traffic
engineering, planning, education, enforcement
activities, and/or regulatory functions;

51. TRICYCLE – a motor vehicle composed of a motorcycle

fitted with a single-wheel side car or a motorcycle with a
two-wheel cab;

52. TRISIKAD – is a ;

10
53. SIDECAR – an attachment to the side of the motorcycle
designed to carry passenger and/or goods;

54. CENTER CAR – an attachment enclosing the

motorcycle designed to carry passenger and/or goods
also known as non-conventional motorcycle.

ARTICLE II
CITY TRANSPORT AND TRAFFIC MANAGEMENT
DIVISION

Section 5. City Transport and Traffic Management

Division (CTTMD) – under the Public Safety Office (PSO) is
hereby expanding its functions: (to check with PSO
Ordinance as additional functions – Jayson Pido)

1. To process MTFRB approved Tricycle franchise

applications/ tricycle franchise certificates for the
issuance of Motorized Tricycle Operators Permit
(MTOP).

2. To recommend suspension or cancellation of

Tricycle franchise, for violations that warrant such
cancellation.

3. To provide technical support to the MTFRB.

4. To issue City Traffic Citation Ticket and impose

fines and penalties to violators of any provision of
this Code, or laws and other ordinances relative to
tricycle operation.

5. To Implement No-Contact Apprehension Policy and

to initiate towing and impounding procedures to
11
 violators of administrative violations and
recommend the suspension/ cancellation of vehicle
registration/ driver's licenses to the LTO;

6. To initiate the filing of complaints against Tricycle

Drivers, owners/operators for violations of any
provisions of this ordinance or any laws or other
ordinance relative to tricycle operation and send
complaints to court or any judicial body;

7. To take charge of the issuance of Order of Payment

for tricycle regulatory fees, release of MTOP,
issuance of annual stickers, and other related
documents;

8. To recommend the designation or allocation of

certain portions of the streets or spaces for public
transport user’s waiting and transfer facilities;

9. To implement and enforce provisions of relevant

laws and ordinances pertaining to the operation of
tricycles;

10. To receive public complaints and take action

against complained tricycle drivers/ owners/
operators and tricycle Cooperatives in accordance
with the provisions of this Ordinance.

ARTICLE III
Motorized Tricycle Franchising Regulatory Board
(MTFRB) refer to Ordinance 49 series of 2018 in relation
to Tricycle Management Scheme

12
 GENERAL SANTOS CITY TODCOS AND TODCO
FEDERATION

ARTICLE V
TRICYCLE OPERATORS AND DRIVERS
COOPERATIVE (TODCO)

Section 1. Organization of TODCO – within 100 days after

this ordinance have taken effect the City Transport and
Traffic Management Division (CTTMD) in coordination with
City Economic Management and Cooperative Development
Office (CEMCDO) is hereby directed to assist in the
organization of TODCO pursuant to CDA and OTC
Guidelines.

Section 2. TODCO ACCREDITATION - All bona fide

TODCO in General Santos City may apply and renew their
accreditation with the Sangguniang Panlungsod, pursuant
to the Local Government Code without prejudice to their
status to CDA; All GSC TODCO are mandated to be
accredited as members of the General Santos City TODCO
Federation;

Section 3. DUTIES AND RESPONSIBILITIES - All Tricycle

Operators and Drivers Cooperative (TODCO) shall have
the following duties and responsibilities:

1. Qualify, monitor, supervise and discipline their

respective members based on their approved by-
laws and other City regulations for TODCO.

2. Oversee authorized off-street terminal operations

13
 and maintain cleanliness, peace and order in their
respective cluster.

3. Coordinate and assist the City Government and the

Barangay in monitoring and ensuring smooth flow
of traffic within their respective cluster.

4. Require that only duly elected and qualified

TODCO President or the duly authorized
representative shall represent the TODCO to the
Federation.

5. Notify the LGU through MTFRB, CEMCDO and

CTTMD of the date, time and place of election of
officers, 15 days prior to the date of election.

6. Prevent entry and operation of "colorum" tricycle in

their local TODCO and in their cluster.

7. Comply the requirements and condition set by the

LGU, National Government Agency Programs,
private sector and NGO in order to avail of the
services, benefits and support from the Local
Government Units, National Government Agencies,
Non-Government Organizations or Private Sector
donors,

ARTICLE VI
GENERAL SANTOS CITY TODCO FEDERATION
(GSC TODCO FED)

Section 1. PURPOSE - The Federation of Tricycle

Operators and Drivers Cooperative is an organization

14
composed of the various Tricycle Cooperatives (local
TODCO) in General Santos City duly organized to protect
the interest of their members and oversee the operation of
the TODCO as a whole. The Sangguniang Panlungsod
shall accept and accredit only one TODCO Federation for
General Santos City.
The GSC TODCO Federation shall be required to renew
their accreditation with the GSC Sangguniang Panlungsod
every three (3) years pursuant to existing laws, rules, and
regulations.
Section 2. OFFICERS OF THE GSC TODCO FED. - The
Federation Officers and Board of Directors shall elect from
among the presidents of the respective local TODCO
hailing from several clusters of General Santos City who will
serve for a term of two (2) years. The City Mayor, through
the CTTMD and MTFRB should be notified on the date,
time, and place of the election of its officers.

ARTICLE VII
TRICYCLE OPERATIONS

ROUTE RATIONALIZATION OR ROUTE INTEGRATION

Section 1. RMC DETERMINATION - In the determination of

the Route Measured Capacity (RMC) or subsequent
amendments thereof, the CTTMD, CPDO and the
Committee on Transportation shall take into consideration
the participation of the Barangays and other concerned
stakeholders.
Section 2. MAXIMUM NUMBER OF MOTORIZED
TRICYCLES ALLOWED TO OPERATE - The number of
motorized tricycles allowed to operate within the City shall
not exceed the number of tricycles currently registered with
15
the MTFRB and CTTMD but may be reduced when
necessary. The number of tricycles may be increased only
in a cluster if there is a clear showing that there is an actual
need for such increase or decrease. However, this is
without prejudice to Joint Memorandum Circular No. 2008-
01. Any additional number of tricycles or additional area/
zone of operation must be recommended by the CTTMD in
coordination with the Committee on Transportation of the
General Santos City Sangguniang Panlungsod with its
justification for its approval.

ARTICLE VIII
ROUTE MEASURED CAPACITY (RMC)

The CTTMD in coordination with CPDO shall formulate a

standard Route Measured Capacity (RMC) in accordance
with existing standards and implement the same for each
cluster of operations of tricycles indicating among others,
the following:
1. The cluster where tricycles can operate in
consonance with existing laws, rules, and
regulations.

2. The name of all Barangays where the cluster is

located.

3. The present number of authorized tricycles allowed

to operate in a cluster.

4. Estimated population of the cluster.

5. Recommended number of tricycles needed by the

population.

6. Difference between the present number of tricycles

16
 operating within the cluster and the recommended
number of tricycles needed for the population.

7. Average level of profitability of tricycle operations of

the cluster.

8. Socio-economic conditions of the cluster

established through household profiling survey

9. Patterns of origin and destination of the cluster

established through tricycle mapping survey.

10. Justification in case there is a need for an increase

in the number of tricycles in a particular cluster.

ARTICLE IX
GOVERNMENT REGULATION

OPERATION OF MOTORIZED TRICYCLE-FOR-HIRE

Section 1. Effects of Regulations. – The regulations

applicable to motorized tricycle-for-hire shall apply
whenever MTH or an e-tricycle is operated upon any road.

Section 2. Classification of Motorized Tricycle-For-

Hire. – The following classification is established for
purposes of registration and regulations:
1) Type of Use:

a.) MTH used for transporting passengers; or

17
 b.) MTH used for commerce, trading of
merchandise, other uses.

2) Type of Fuel

a.) Conventional (gasoline-fed); or

b.) Unconventional (solar-powered, LPG, electric,
battery-operated).

3) Type of Make:

a.) Sidecar; or
b.) Center car.

Section 3. Registration and Licensing or Franchising of

Motorized Tricycle-For-Hire. – The following rules shall
govern in the registration, licensing or franchising of
Motorized Tricycle-for-Hire:

1) Qualification. – MTOP shall be granted only to the

members of TODCO who are GSC residents.
Furthermore, all grantees of MTOP must carry an
insurance coverage for any liability it may incur to
passengers and third parties in case of accidents.
(to check with AAZ)

2) Registration and Licensing Fees - MTOP may be

issued to an applicant upon payment of the
following annual regulatory fees in the CTO:

Regulatory Fees Amount

18
Application Fee/Renewal ₱300.00
Filing Fee for Amendment of MTOP
- Change Address ₱200.00
- Change Unit ₱200.00
Environmental Fee ₱200.00
Inspection Fee ₱300.00
MTFRB-issued driver’s ID ₱100.00
Penalty for late renewal of MTOP ₱200.00

Provided, that an additional of P 50 for every month

of late renewal shall be imposed, Provided further
that, in case of late renewal for more than one year,
the MTOP shall be automatically cancelled.

A. REQUIREMENTS FOR NEW MOTORIZED

TRICYCLE OPERATOR’S PERMIT

a.) 2 copies – verified application;

b.) 2 copies – if applicant is a natural person,
must have a voter’s certification from
COMELEC; or in the absence thereof, a
barangay certification to the effect that the
applicant is a resident of the barangay for a
specified length of time; otherwise, if
applicant is a juridical person, certification of
registration from Cooperative Development
Authority (CDA)
c.) 2 copies – Certificate of Registration
which must be issued by the LTO-General
Santos City; official receipt.

19
 d.) 2 copies – Sketched location of garage or
residence.
e.) 1 copy – Picture of the unit (front view
only)

B. REQUIREMENT FOR EXTENSION,

RENEWAL OF MOTORIZED TRICYCLE
OPERATORS PERMIT (MTOP) - same as in
“A”

C. PETITION FOR DROPPING AND

SUBSTITUTION ANYTIME FROM DATE OF
APPROVAL (franchise can’t be transferred to
new owner)(process on dropping and
substitution[voluntary-change new tricycle is
allowed & involuntary-cause by violation or not
cooperating])(provision of involuntary dropping
which is done by cooperative)(the driver can’t
operate if he/she is not a member of any
cooperative and considered as colorum)(if
sidecar will be sold the franchise can’t be transfer)

a) 2 copies – verified petition;

b) 3 copies – Certificate of Registration and
Official Receipt for payment of
Registration.
c) copies – Receipt of Returned Plate
d) 3 copies – Official Receipt for payment of
Annual Franchise Fee or Supervision Fee.
e) 3 copies – Certificate of Registration and
Official Receipt for payment of Registration
or Pro-forma Invoice of unit/s in substitution
(LTO).

B. PETITION FOR AMENDMENT OF LINE/UNIT

20
 a.) 5 copies – verified petition;
b.) 3 copies – CPC, MCH, PA, Decision or
Computerized Certificate or MTOP, whichever
is applicable.
c.) 3 copies – O.R. / C.R.
d.) 3 copies – Proof of payment of Quarterly
percentage taxes for the preceding year;
Certificate of exemption if the Franchise Holder
is tax-exempt.
e.) 3 copies – Proof of payment of Annual
Franchise Fee or Supervision Fees.

Section 4. Operating Conditions of Motorized Tricycle-for-

Hire. – For safety reasons, no tricycle, motorized pedicabs,
or pedicabls should operate on national highway, whether
utilized by four (4)-wheel vehicles greater than four (4) tons
and where normal speed exceeds forty (40) KPH.

(1.) Pursuant to DILG MC No. 07-01, series of 2007,

the city shall be divided into four (3) clusters, of
which all of the MTH have its own unique color:

(a.)RED CLUSTER shall include the following

barangays: Apopong; Calumpang; Dadiangas
West; Dadiangas North; Fatima; Labangal;
San Jose; Sinawal; and, Tambler;

Tricycles plying this cluster shall be colored red

(”red MTH”). The Chairperson of the Tricycle
Operators and Drivers Cooperatives within the
Red Cluster shall vote their representative to
hold one (1) seat in the MTFRB, subject to the

21
 condition that such cooperative is duly-
registered with the CDA and the OTC.

(b.)WHITE CLUSTER shall include the following

barangays: City Heights; Conel; Dadiangas
North; Dadiangas East; Mabuhay; Olympog;
San Isidro; Upper Labay; and portion of Lagao
(northwest of national highway only); and
portion of Katangawan (northwest of national
highway only); and portion of Tinagacan
(northwest of national highway only) and portion
of Batomelong (northwest of national highway
only).

Tricycles plying this cluster shall be colored

white (”white MTH”). The Chairperson of the
Tricycle Operators and Drivers Cooperatives
within the White Cluster shall vote their
representative to hold one (1) seat in the
MTFRB, subject to the condition that such
cooperative is duly-registered with the CDA and
the OTC.

(c.) GREEN CLUSTER shall include the following

barangays: Baluan; Bula; Ligaya; Dadiangas
East, Dadiangas South and portion of
Katangawan (southeast of national highway
only); and portion of Lagao (southeast of
national highway) and portion of Tinagacan
(southeast of national highway only); and
portion of Batomelong (southeast of national
highway only).

Tricycles plying this cluster shall be colored

Apple Green (“Apple Green MTH”). The
Chairperson of the Tricycle Operators and
22
 Drivers Cooperatives within the Green Cluster
shall vote their representative to hold a seat in
the MTFRB, subject to the condition that such
cooperative is duly-registered with the CDA and
the OTC.

(2.) A common color scheme for all MTHs in the same

cluster should be imposed; each unit shall be
assigned and must bear an identification number,
aside from its LTO licensed plate number. On the
other hand, private tricycles, including those “For
Family Use Only”, must be colored PURPLE and in
no way shall be allowed to use the same color
scheme as that of the clusters for easier
identification.(RFID to be discuss with Maam
Riza)(include whole body also the roof of vehicle)

All family-use MTH shall be prohibited to travel

along National Highway except when crossing.

(3.) An operator wishing to stop service completely, or

to suspend service for more than one month,
should report in writing such termination or
suspension to the CTTMD.

(4.) The MTOP shall be valid for three (3) years,

renewable for the same period. Transfer to another
cluster, change of ownership of unit or transfer of
MTOP shall be construed as an amendment to an
MTOP and shall require appropriate approval of the
CTTMD and the SP.

(5.) Change of ownership of MTH shall ipso facto

cancel the MTOP. No MTOP shall be a subject of
sale, disposition, assignment, transfer or any kind
of encumbrance; otherwise, it will automatically
cancel the MTOP by operation of law. Selling of
franchise or MTOP means cancellation of the same
23
 and cannot be automatically transferred to the new
owner of vehicle in the event of sale without the
approval of the CTTMD.

(6.) Selling of franchise or MTOP shall be declared

illegal. Any sale of franchise or MTOP, or even
mere attempt to sell, shall ipso facto cancel the
MTOP or franchise.

(7.) The driver of MTH shall carry at all times the

photocopy of MTOP, LTO-issued Official Receipt
and Certificate of Registration.

(8.) Identification of Driver and MTH:

(a.) The name of the operator-driver-franchisee

should be reflected on both sides of MTH, on
outside portion with a three (3)-inch lettering of
the operator’s name and two (2)-inch lettering of
the MTOP number and his residence.

(b.) For the driver, the identification card should be

posted or hanged inside the front portion of the
tricycle with a 2x2 ID picture; driver’s full name
and his address is reflected.

(c.) The LTO Plate Number should be painted on

the designated place; first, on both sides of the
outside portion of the tricycle; second, on the
outside rear portion of the tricycle; third, on the
inside portion of the backseat; fourth, one (1) on
the front portion of the tricycle as designated by
the LTO; and fifth, on the roof of the tricycle.

(d.) Each MTH shall be assigned and bear an

identification number, aside from the LTO
License Plate Number. Each unit of MTH shall
24
 bear the name of the cluster where the operator-
driver-franchisee belongs; year the unit was
acquired; origin; number of the route; and the
unit sequence number as follows:

AB18-ABC-01-001
where:

AB – indicates for the cluster’s acronym (e.g.,

RC - RED CLUSTER; WC – WHITE
CLUSTER; GC – GREEN CLUSTER);

18 – indicates the year that the unit was initially

registered with the Land Transportation
Office
ABC – indicates the origin of the route (See
Appendix XI for the list of Barangay
Abbreviations each cluster)
01 – indicates the designated number of routes
as assigned by the transport cooperative
001 – indicates the unit sequence number

(9.) No MTH shall be granted an MTOP, unless its built

complies with the design and built and other
specifications outlined in this Code. An MTH
moving on any road used for transporting
passengers, or waiting, parking or standing
conspicuously soliciting passengers with sidecar
not in conformity with design and specifications
under this Code shall be apprehended and shall be
impounded in the city impoundment area;

(10.) Only MTH with motorcycles 125cc and above

shall be qualified for the granting of franchise or
MTOP, except for electric tricycles;

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 (11.) The MTFRB shall regulate and control the
number of holders of MTOP allowed to ply in every
cluster;

(12.) The registered owners/operators of MTH shall

show proof of garage for their MTH which must not
be in a public property;

(13.) For safety reasons, no MTH should be allowed to

carry or conduct more passengers and/or goods
than it is designed for.

(14.) An MTH shall be allowed to operate like a taxi

service, i.e. service is rendered upon demand and
without a fixed route within a cluster, provided prior
authority shall be secured from the MTFRB.

(15.) All of the above requirements will be a pre-

requisite for the approval of the MTOP. However, in
order to promote the use of e-tricycle and other
vehicles using renewable sources of energy, the
City Mayor may provide incentives such as, but not
limited to financial subsidy; no MTOP requirements
for at least three years; and, waiver of fees of
whatever kind or nature.

Section 5. Fares and Fare Matrix. – The minimum fare of

MTH in the city is at Ten Pesos (₱ 10.00) per passenger for
the first four (4) kilometers; however, there is an additional
fare of ₱ 1.50 per kilometer, if the distance traversed
exceeds 4 kilometers. Provided, that the prevailing
transportation fare privileges granted by law to students,
senior citizens and persons with disability (PWD) shall
continue to apply. Shortchanging the passenger, as defined
under R.A. 10909 or “No Short Changing Act of 2016”, shall
constitute a violation of Ordinance 37, series of 2018.

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When the origin-destination is only within the CBD, the fare
is fixed at Ten Pesos (₱10.00).

There is hereby required the posting of copies of the notice

of the respective tricycle fare rate/tariff in every tricycle
plying within the City. The dimension of the notice bearing
the tricycle fare rates/tariff shall be one half (1/2) sheet of
long sized bond paper.

Any violation of this Ordinance shall subject the offender

driver/operator of MTH to a fine of One Thousand Pesos
(₱1,000.00) and will be subject to involuntary dropping.

Section 6. Responsibilities of the Owner/Operator/Driver. –

It shall be the sole responsibility of the TODCO, who is the
owner/operator of MTH, to oversee the franchising,
registration, qualifications, and conduct of the driver hired
to transport passengers/goods, as provided for in
Ordinance 37, series of 2018.

Kabit system shall subject the MTOP to outright revocation

by operation of law.

It shall be the responsibility of the driver to act, perform, and

follow traffic laws, rules and regulations of the City, as
provided for in this Code, and maintain the MTH for the
safety and comfort of passengers.

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Section 7. Administrative Sanctions. - The following shall
be the administrative sanctions imposed upon the holder of
valid MTH franchise:

(a.) Suspension of Franchise – The division head of the

CTTMD or his/her duly authorized representative
may demand from any driver to surrender his/her
license plate in violation of the above regulation and
the Temporary Operator’s Permit (TOP) shall be
issued to said driver during the pendency of the
case against him; Provided further, that any holder
or possessor of a driver’s license duly issued who
shall allow or permit the use of license by any other
person shall be suspended for a minimum period of
one(1) month and a maximum period of one (1)
year after which, the former holder of driver’s
license may apply again for license;

Section 8. Administrative Fines. – The following

administrative fines shall be imposed against owners,
operators and drivers, of MTH for violation of any provision
of Article XIX of Ordinance 37, series of 2018, Provided,
that owners, operators and drivers who are found liable for
violating any other provisions of Ordinance 37, series of
2018, but not contained in Article XIX thereof shall also be
subjected to the following penalty or fine.

(a.)On first offense: a fine of One Thousand Pesos (₱

1,000.00) and/or suspension or cancellation of the
franchise/provisional authority;

(b.)For second offense: a fine of Two Thousand Pesos

(₱ 2,000.00);
(c.) Upon subsequent violations: a fine of Four
Thousand Pesos (₱ 4,000.00) for each succeeding
offense;
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 (d.)Duly authorized enforcement officers are hereby
empowered to take custody of, and impound the
MTH for operating without a franchise or special
permit or with expired franchise/special permit. If
franchise is expired and if there are other violations,
owners, operators and/or drivers can only retrieve
the motorcycle and leave the sidecar in the
impounding area.

(e.)For violations, the following are the administrative

fines in accordance to Ordinance No. 11 without
resorting to judicial proceedings:

Violation Penalty
No LTO – driver’s license ₱ 500.00
Non-display of prescribed ID card
issued by the CTTMD ₱ 100.00
Failure to secure the prescribed ID ₱ 500.00
Wearing of slippers or bare foot
driving ₱ 100.00
Wearing of sleeveless shirt ₱ 100.00
Wearing of shorts ₱ 100.00
Smoking while driving ₱3,000.00
(Ordinance No. 6, Series of 2015)
Non-wearing of shirt ₱ 100.00
No Garbage Can ₱ 500.00
No wearing of shoes on both feet (left
and right) ₱ 500.00
Failure to carry MTOP ₱ 500.00

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Overloading ₱ 500.00
Overcharging ₱ 500.00
Failure to display approved tariff rate ₱ 500.00
Failure to comply the route color
coding ₱ 500.00
Installation of stereo ₱ 500.00
Wearing headphone, earphone while
driving ₱ 500.00
Installation of additional extension ₱ 500.00
Not following prescribed routes ₱ 500.00
Unreasonable refusal to convey
passengers ₱ 500.00
Use of tampered/fake MTH license
plate ₱ 5,000.00
Without rear-view mirror ₱ 500.00
Operating without franchise ₱ 3,000.00
Operating with expired franchise ₱ 500.00
Carrying of explosives, firearms, or
other deadly weapon ₱ 5,000.00
Operating dirty or dilapidated unit ₱ 500.00
Driving a motorized tricycle with no
LTO License Plate or with an
improvised plate ₱ 500.00
Driving Tricycle on National Road ₱ 500.00
Driving under the influence of liquors
or prohibited drugs ₱ 1,000.00
Driving with no city plates, no
stickers, no plate number printed, etc ₱ 500.00

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Failure to attach current annual
sticker on the sidecar windshield ₱ 500.00
Illegal parking/terminal ₱ 500.00
Improper riding of tricycles ₱ 500.00
Inconspicuously displayed sticker ₱ 500.00
Installed with undesirably large
decoration fixture tending to obstruct
from view the sidecar number ₱ 500.00
Loading on top of tricycle ₱ 500.00
Obstruction on road or sidewalks ₱ 500.00
Operating without body number,
name of TODCO and seal of LGU ₱ 500.00
Refusal to convey passengers to
destination ₱ 500.00
Riding tricycles without regular or
permanent seat ₱ 500.00
Smoke belching ₱ 500.00
TODCO allowing colorum vehicles to
use their terminal ₱ 5,000.00
Unregistered substitute or
replacement or engine/chassis ₱ 500.00
Violation of any conditions of the
MTOP ₱ 500.00
Violation of the physical requirements
of motorized tricycle ₱ 500.00
Without interior lights or interior lights
not lighted during night time operation ₱ 500.00
Without the installed silencer or
defective muffler ₱ 500.00

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 Tricycle unit not functioning stoplight/
taillight, headlight, signal light, license
plate light and horn ₱ 500.00
Tricycle without driver’s roofing/
windshield protection ₱ 500.00
Sidecar without clear/ transparent
windshield ₱ 500.00
Allowing persons to ride on top and
outside of sidecar ₱ 500.00
No garbage receptacle inside the
sidecar ₱ 500.00

MTH apprehended under this Section shall be removed by

authorized city traffic enforcer from the road and shall be
impounded at the city impoundment area; Provided
however, that the release of apprehended MTH shall be
subject to payment or penalty/ies stated in this Section,
other fees and charges as determined by the CTTMD
subject to the approval of the PSO.

Section 9. IMPOUNDING - The following violations shall be

sufficient grounds for the impounding of the tricycle:
1. Operating the tricycle without license plates, painted
body number or prescribed color.

2. Allowing a person who is underage, unlicensed, with

an expired license without a driver's ID or under the
influence of drugs and liquor to operate a tricycle.

3. Tricycle involved in an accident resulting to serious

physical injuries or homicide.
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 4. Involved in illegal or criminal activities.

5. Tricycle illegally parked or is obstructing the flow of

traffic.

6. Operating a tricycle while not in proper color-coded

driving uniform.

7. Failure to settle fines and penalties provided in this

code.

Aside from the penalties imposed, the owner shall pay the
following rates on impounding.

Impounding fee ₱ 200.00

Storage Fee ₱ 50.00 per day

Section 3. MANDATORY REMOVAL OF SIDECAR - To

discourage the proliferation of colorum tricycle units
operating in city streets and major thoroughfares in General
Santos City and to safeguard the interest of the legitimate
units, mandatory removal of sidecar shall be implemented
plus a fine of Three Thousand Pesos (₱3,000.00).
Section 4. PUBLIC AUCTION - All sidecars of tricycles
removed by the City Government in accordance with the
preceding section shall be subject to public auction after
non-redemption of impounded unit/s for six (6) months. The
rules promulgated by City Government in public auctions
shall apply. The proceeds of said auction shall accrue to the
Trust Fund.

Section 5. TOWING - All of the above violations shall

likewise subject the Tricycle to towing. Towed Tricycles
shall pay the prescribed towing fee.
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Section 6. LIABILITIES OF TRICYCLE DRIVERS AND
OPERATORS AND TODCO - For violation of any of the
provisions of this Ordinance in connection with the
operation of tricycle units, the driver and operator and
TODCO shall be held jointly and severally liable for the
amount of fine corresponding to the violations listed above.

ARTICLE XI
SOCIAL PROTECTION

LIVELIHOOD PROMOTIONS

The General Santos City Economic Management and

Cooperative Development Office (CEMCDO) shall conduct
extensive consultations with TODCO and wives of tricycle
drivers on

1. Alternative livelihood options; and

2. Arrangements for managing the alternative livelihood

options.

EDUCATION OPPORTUNITIES

The General Santos City LGU shall provide scholarship

grants to qualified family members of the TODCO subject
to the guidelines as provided by the LGU.

SSS AND PHILHEALTH

All TODCO are hereby encouraged to:

1. Enroll and register with the Social Security System

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 (SSS) and avail of the SSS "AlkanssSya Program;"
and

2. Enroll and register with the Philhealth.

BOOK XII
MISCELLANEOUS PROVISIONS

ESTABLISHMENT OF TODCO DATABASE AND

FRANCHISING INFORMATION SYSTEM

The CTTMD, in coordination with the CMO-ICTD, shall

establish and develop a centralized database and
franchising information system to provide timely and
relevant information for policy formulation and policy
concerns relative to the TODCOs in General Santos City.
The database and franchising information system shall be
regularly updated.

IMPLEMENTING RULES AND REGULATIONS

The CTTMD under the PSO and the MTFRB, in

coordination with the CPDO, shall within ninety (90) days
after the effectivity of this Ordinance, formulate the
necessary rules and regulations for its effective
implementation.

APPROPRIATIONS

The annual fund necessary for the operation and

implementation of this Code shall be included in the yearly
appropriations from the General Fund of the General
Santos City Government.

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 REPEALING CLAUSE

All Ordinances, Resolutions, Executive Orders,

Memorandum Circulars and Administrative Orders or parts
thereof which are inconsistent with any provisions of this
Ordinance are hereby repealed or modified accordingly.

SEPARABLITY CLAUSE
If, for any reasons, any part or provisions of this Ordinance
shall be held unconstitutional or invalid, other parts or
provision hereof which are not affected thereby, shall
continue to be in full force and effect.

EFFECTIVITY
This Ordinance shall take effect after fifteen (15) days
following its publication in a newspaper of general
circulation within General Santos City.

GENERAL TRANSITORY PROVISION

--ASSIGNMENT BY LEGISLATIVE SUPPORT GROUP

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