Sangguniang Panlalawigan: Present

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REPUBLIC OF THE PHILIPPINES

PROVINCE OF ILOILO
ILOILO CITY

SANGGUNIANG PANLALAWIGAN

EXCERPTS FROM THE MINUTES OF THE 56th REGULAR SESSION OF THE 13th
SANGGUNIANG PANLALAWIGAN NG ILOILO HELD IN THE SESSION HALL OF THE NEW
ILOILO PROVINCIAL CAPITOL, BONIFACIO DRIVE, ILOILO CITY ON AUGUST 18, 2020.

PRESENT:
Hon. Christine “Tingting” S. Garin,
Presiding Officer
Hon. Domingo B. Oso, Jr., Floor Leader
Hon. Renee L. Valencia, Member
Hon. Rolito C. Cajilig, Member
Hon. June S. Mondejar, Member
Hon. Matt P. Palabrica, Member
Hon. Jason R. Gonzales, Member
Hon. Rolando B. Distura, Member
Hon. Ramon G. Sullano, Member (President, PCL)
Hon. Dorothy G. Paes, Member (Pres., Liga ng mga Brgy.)
Hon. Ma. Angelica Bianca B. Requinto, Member (President, PPSK)

ON OFFICIAL BUSINESS:
Hon. Marcelo Valentine S. Serag, Member

ON LEAVE:
Hon. Carol-V S. Espinosa-Diaz, Member
Hon. Nielito C. Tupas, (Special Leave) Member

RESOLUTION NO. 2020-536

RESOLUTION EMBODYING PROVINCIAL ORDINANCE NO. 2019-210, AN


ORDINANCE AMENDING SECTION 5, ARTICLE II (DEFINITION OF TERMS) AND
SECTION 9, ARTICLE IV OF PROVINCIAL ORDINANCE NO. 2017-152, OTHERWISE
KNOWN AS THE TRAFFIC CODE OF THE PROVINCE OF ILOILO

Authored by: Hon. Renee L. Valencia


Sponsored by: Hon. Ramon G. Sullano

WHEREAS, the primary objective of the ordinance is to protect and promote the safety
of the pedestrians, particularly the students within the school zones in the Province of Iloilo. This
is in the light of common road accidents due to reckless swerving and overtaking of vehicles
which resulted to death, physical injuries, trauma and damage to property; hence, the need to
regulate, if not prohibit, swerving and overtaking of vehicles in critical areas, especially in
school zones, becomes primordial;

WHEREAS, it may be recalled that the Sangguniang Panlalawigan of Iloilo passed


Resolution No. 2017-742 embodying Provincial Ordinance No. 2017-152, An Ordinance
Enacting the Traffic Code of the Province of Iloilo Amending Provincial Ordinance No 2016-
129, Subject to all Laws and Existing Legal Rules and Regulations;

WHEREAS, therefore, there is a need to amend the Provincial Traffic Code to include
the following: (a) Article II-Definition of Terms to include 1. Swerving, 2. Reckless Swerving, 3.
School, 4. School Zone, and 5. Actual Emergency; and, (b) measures on anti-swerving in Article
IV Section 9 on General Driving Rules of the Provincial Traffic Code which provides for an
enumeration of the restrictions on overtaking and passing;

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Resolution No. 2020-536
Provincial Ordinance No. 2019-210
An Ordinance Amending Provincial Ordinance No.2019-210, An Ordinance Amending Section 5, Article II (Definition of Terms) and Section 9,
Article IV of Provincial Ordinance No. 2017-152, Otherwise known as the Traffic Code of the Province of Iloilo

NOW THEREFORE, be it ORDAINED as it is hereby ORDAINED by the 13th


Sangguniang Panlalawigan of Iloilo in session assembled, that:

PROVINCIAL ORDINANCE NO. 2019-210

AN ORDINANCE AMENDING SECTION 5, ARTICLE II (DEFINITION OF TERMS)


AND SECTION 9, ARTICLE IV OF PROVINCIAL ORDINANCE NO. 2017-152,
OTHERWISE KNOWN AS THE TRAFFIC CODE OF THE PROVINCE OF ILOILO

SECTION 1. That Section 5, Article II of Provincial Ordinance No. 2017-152 is hereby


amended, by way of supplementation, to read as follows:

ARTICLE II
DEFINITIONS

SECTION 5. Definition of Terms

xxx

5.17. Swerving – a movement wherein motor vehicles shift from a lane to


another or to turn aside from a direct course of action or movement.

5.18. Reckless Swerving – swerving in an abrupt and careless manner,


swerving without the use of signals, swerving across solid lines,
something more than a mere negligence in the operation of a motor
vehicle, and a wilful and wanton disregard of the consequences is
required. The act may become punishable when there is a sign
indicating that swerving is prohibited or where swerving partakes the
nature of reckless driving, a concept defined under RA 4136.

5.19. School - an institution for educating children.

5.20. School Zone - an area on a street near a school or near a crosswalk


leading to a school that has a likely presence of younger pedestrians.
School zones generally have a reduced speed limit during certain
hours.

5.21. Actual Emergency – refers to a situation where overtaking or swerving


is necessary to preserve life or property or in the discharge or
performance of an official duty, such as a physician or his driver when
the former responds to emergency calls, the driver of an ambulance on
the way to and from the place of accident or other emergency, any
driver bringing a wounded or sick person for emergency treatment to a
hospital or clinic or any similar place, a driver of a vehicle when he or
his passengers are in pursuit of criminal, a law-enforcement officer
trying to overtake a violator, and other analogous situations.

SECTION 2. That Section 9, Article IV of Provincial Ordinance No. 2017-152 is hereby


amended, by way of supplementation, to read as follows:

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Resolution No. 2020-536
Provincial Ordinance No. 2019-210
An Ordinance Amending Provincial Ordinance No.2019-210, An Ordinance Amending Section 5, Article II (Definition of Terms) and Section 9,
Article IV of Provincial Ordinance No. 2017-152, Otherwise known as the Traffic Code of the Province of Iloilo

ARTICLE IV
GENERAL DRIVING RULES

xxx
Section 9. Overtaking and Reckless Swerving

xxx

9.8 The driver of a vehicle, while passing through any recognized school
institution and/or school zone, shall not swerve or shift from one lane to
another, unless there be an actual emergency as defined in this
Ordinance.

9.9 The driver of a vehicle, while passing through any recognized school
institution and/or school zone, shall not overtake or pass another vehicle
proceeding in the same direction, unless there be an actual emergency as
defined in this Ordinance.

9.10 Where there is an actual emergency that requires the driver of a vehicle
to swerve or shift from one lane to another or to overtake or pass another
vehicle proceeding in the same direction, such must be performed with
due diligence.

The driver of a vehicle in an emergency shall not swerve and/or overtake


at a school zone in an abrupt, careless or reckless manner nor without
the use of proper signals.

9.11 The driver of a vehicle, while passing through any recognized school
institution and/or school zone, shall drive in a careful and prudent
manner and shall not exceed the maximum speed allowed under Sec. 35
of R.A. 4136 (An Act to Compile the Laws Relative to Land
Transportation and Traffic Rules, to Create a Land Transportation
Commission and for other Purposes), its succeeding amendments,
issuances, and/or other applicable laws, rules and ordinances.

SECTION 3. Repealing Clause. Any ordinance, resolution, executive order or local laws
inconsistent herewith shall be deemed repealed, amended or modified accordingly.

SECTION 4. Effectivity. This Ordinance shall take effect immediately.

BE IT RESOLVED FURTHER, to furnish copies of this Resolution, the Honorable


Governor Arthur R. Defensor, Jr.; the Honorable Vice Governor Christine S. Garin; all Mayors
and the Sangguniang Bayan Secretaries of component local government units; Roel F. Bermejo,
EdD., Schools Division Superintendent, Iloilo Schools Division Office, La Paz, Iloilo City; the
Regional Director, Department of Public Works and Highways, Region VI, Iloilo City; the Iloilo
Police Provincial Office Director; the Regional Director, Land Transportation Office; the Offices
of the Provincial Legal Officer, the Honorable Renee L. Valencia and the Honorable Ramon G.
Sullano, Chairperson, Committee on Transportation, Communication and Public Utilities, all of
the Province of Iloilo, for their information and reference.

APPROVED.”

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Resolution No. 2020-536
Provincial Ordinance No. 2019-210
An Ordinance Amending Provincial Ordinance No.2019-210, An Ordinance Amending Section 5, Article II (Definition of Terms) and Section 9,
Article IV of Provincial Ordinance No. 2017-152, Otherwise known as the Traffic Code of the Province of Iloilo

---

I HEREBY CERTIFY to the correctness of the above-quoted Resolution.

ATTY. RAUL S. TIOSAYCO, JR.


Secretary to the Sanggunian

CONCURRED BY: ATTESTED BY:

DOMINGO B. OSO, JR. CHRISTINE “Tingting” S. GARIN


Floor Leader Presiding Officer

APPROVED:

ARTHUR R. DEFENSOR, JR.


Governor

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