Tupi, S. Cotabato's speed limit ordinance illegal, court says
Local News • 05:36 AM Thu Feb 4, 2016
5,548
By:
Valerie Ann P. Lambo/Mindanao Cross
Tupi's speed limit ordinance prevented accidents like this , and it save lives and limbs. (Radyo Bida Koronadal)
COTABATO CITY – In a
decision on Tuesday, February 2, the Regional Trial Court Branch 39 in
Polomolok, South Cotabato declared Ordinance No. 688 of the municipality of
Tupi as invalid void ab initio (from the start)
The decision of the
court prohibits the local government of Tupi in enforcing and implementing the ordinance.
The court order also
provides that all collected fines from apprehended vehicle owners and drivers
must be immediately returned.
The municipal council
of Tupi passed last April 2014 Ordinance No. 688 that sets the speed limit at
80 kilometers per hour (kph) along the national highway and 40 kph with the
town proper or Poblacion area.
The ordinance
passed by the Sanggunian Bayan was intended to reduce, if not eliminate, road
accidents due to reckless driving and overs peeding.
Polomolok councilors
later passed a similar measure, specifically Ordinance No. 12, which sets speed
limits of 50 to 60 kph in portions of the national highway traversing the
municipality.
Republic Act 4136 or
the Land Transportation and Traffic Code of the Philippines specify a speed
limit of 80 kph along highways, or on open country roads, with no ‘blind
corners’ not closely bordered by habitations.” But trucks and buses are
required to go slower at 50kph. On city and municipal streets with light
traffic,” speed limit is 30 kph, unless it’s a through street” or boulevards
with no traffic or no blind corners, then limit is 40 kph. But in crowded
streets, speed limit is 20 kph.
However, Section 36 of
R.A. No. 4136 also provides that in the speed limits uniform throughout the
Philippines, there is no provincial, city or municipal authority which shall
enact or enforce any ordinance or resolution specifying maximum allowable
speeds other than those provided in the Act.
The court order further
explained that any local government unit cannot impose ordinances on national
highways because national highways are maintained by the national government
and therefore follows national rules or what we call laws.
Any change in speed
limit should be passed through laws and cannot be overturned by any local
ordinance because of the authority that the national government practices over
these national highways. (VALERIE ANN P. LAMBO)