Cagayan de Oro City

Cagayan de Oro City has been voted as the most competitive city in 2013 according to the 2013 Cities and Municipalities Competitiveness Index, with the criteria including rankings on governance, power and water rates and connections, length of travel to airports and seaports, and the ease of business permits and licensing systems in a particular area. However, despite the regulations that have been put in place, there remain a few loopholes in the operation and the system of existing urban transport sector. While the initial findings from the first set of consultations with the stakeholders have indicated the need for the provision of infrastructure for non-motorized transportation and the regulation of the number and the routes of the public transport modes, the stakeholders have brought to the forefront the need for the improvement of existing fleets in the subsequent meetings. This provided a policy direction for the drafting of an ordinance on smoke-belching and the inspection and maintenance of the urban transport system. I. Introduction Cagayan de Oro City, in the north of Mindanao Island, benefits from a seafront and several rivers cross the city north bound to the Pacific Ocean. Its administrative borders do not really define a compact city but is much more spread southwest and east along the waterfront. It is bounded to the north by Macajalar Bay, to the east by the municipality of Tagoloan, to the south by Bukidnon and Lanao del Norte, and to the west by the municipality of Opol. Cagayan de Oro is the agora of Northern Mindanao, being the trade and service center of the region. Cagayan de Oro covers the 569.67-square kilometer geographical-political boundaries of Cagayan de Oro City which is divided into two political districts comprising the 80 city barangays, having a population of 585,806 residents at a 6 person-per-hectare density as illustrated in Table 1 (Cagayan de Oro City Socio-Economic Profile 2009, City Planning and Development Office).

Table 1: Population Density, 2009

Source: Cagayan de Oro City 2009 Socio-Economic Profile City Planning Development

As of May 1, 2010, the total population of the city totalled 602,088 persons, indicating an increase of 140,211 persons from its population of 461,877 in 2000, or an average annual population growth rate of 2.6%. From 1990 to 2000, the average annual population growth rate was recorded at 3.12%1. Table 2 shows the total population of the city from 1970.

1 http://www.census.gov.ph/content/2010-population-cagayan-de-oro-city-larger-140-thousand-compared-its-2000-

population-results

District Total Land Area (Has.) Distance (km) Population Density (person per hectare)

I 42,753.0766 290.90 272,705 6

II 14,213.5462 94.60 313,101 22

Map of Misamis Oriental in Mindanao showing the location of Cagayan de Oro. Source: Mike Gonzales / Wikimedia / Creative Commons Attribution License

Table 2: Total Population of Cagayan de Oro City, 1970 to 2010

Census Total Population (in thousands)

1970 128.3 1980 227.3 1990 339.6 2000 461.9 2010 602.1 Source: National Statistics Office

Cagayan de Oro has a tropical climate based on the Köppen Geiger climate classification system together with the rest of the Philippines. The average temperature ranges from of 28°C to 39°C whole year round. The city receives an even amount of rain each year with relatively no pronounced wet and dry season. Also, the city is outside the typhoon belt and among the cities in the country least visited by typhoons. A growing metropolis classified as a first-class city, Cagayan de Oro is an urban center with a regional market orientation. The city is home to various regional offices of the government line agencies. It connects neighboring towns and provinces to almost every destination in the Philippines, as it is a prime location for air, land and sea transit. It also serves as an economic and commercial hub in the region, accommodating full-size production and processing facilities for fast-moving consumer goods (FMCG) and raw materials, business process outsourcing (BPO) centers, and a power generation plant. This growing industrial and commercial economy of the city is an open invitation to investors, migrants and transients. Industry, commerce, trade, services and tourism largely comprises the city’s economy.

II. Transport Characteristics

Cagayan de Oro City is served largely by motorelas, which are 8-sitter passenger vehicle powered by regular 4-stroke engine motorcycles and highly patronized by the commuting public for convenience and quick transfers when plying local arterial roads within and around the central business district (CBD). Compared to tricycles, which are more popularly used in most areas in the Philippines, motorelas sit more than three passengers at full sitting. This tends to overload the 3-passenger capacity, driver included, of a regular 4-stroke engine motorcycle. Another public transport mode called multicabs are surplus second-hand Asian utility vehicles (AUV) from Japan converted into 12- to 14-sitter passenger vehicles. With smaller engines than the usual 22 to 24-sitter sitter public utility jeepneys (PUJs) and with lighter and smaller bodies, multicabs have caught the interest of more and more public utility vehicles (PUV) operators waging commuters to short distance routes. However, the conversion of these AUVs into passenger vehicles, like the motorelas, tends to overload the 8 to 12-valve engine capacity of multicabs, resulting to heavier pollutant emission in the air. The number of motor vehicles has been growing in the city, a large fraction of which is attributed to the public transport modes. A case study prepared by the National Center for Transportation Studies of the University of the Philippines (UP-NCTS) illustrates breaks down this increase in Table 3. These figures, however, do not reflect the PUV which are illegally operating, The Roads and Traffic Administration (RTA) estimates around three times the number of legally franchised motorelas are ferrying the city streets undocumented or with outdated vehicle registration.

Table 3: Comparison of Vehicle Registration in Cagayan de Oro City, 1998 and 2006

Type of Vehicle Year

Percentage change 1998 2006

Cars 6209 5765 -7.15 UV 13136 14883 13.30 SUV - 1618 NA Trucks 3136 3397 8.32 Buses 1152 435 -62.24 MC 9301 12334 32.61 Trailers 284 121 -57.39 Total 33218 38553 16.06 Source: National Center for Transportation Studies

Cagayan de Oro City is connected to five other regions in Mindanao with a good network of highways. Travel by land takes 40 hours from Manila via Surigao City, and 9 hours from Davao City via Butuan City, and 6 hours via Bukidnon. Cagayan de Oro City has a total road length of 550.3501 kilometers. The proposed establishment of a monorail transport system with routes Cagayan de Oro City via Jasaan and Opol, Misamis Oriental along Iligan-Cagayan-Butuan Road (ICBR) and the construction of the two additional bridges across Cagayan de Oro River (Kauswagan-Puntod Bridge and Kagay-an Bridge), westbound integrated terminal and access road and multi-level parking area/deck likewise greatly help to decongest traffic flow and hasten the movement of people and goods. To transport agricultural farm products from upland barangays, the city implemented foreign assisted projects in 1998 and the construction of farm-to-market roads in the Agrarian Reform Communities identified under the World Bank-funded Agrarian Reform Communities Development Project (ARCDP).

III. Issues and Challenges

Cagayan de Oro City faces challenges on the transportation system brought about by the increasing economic activities and the increasing developments in both its urban and surrounding rural barangays. During the past years, motor vehicles have been found to be increasing which results to congestion. Air pollution reduction strategies in this city already existed in the CLUP 2000, but contrary to the other two cities, emphasis in the recent years has been made on prevention and education rather than on control, to preserve the environment2. This might suggest that resources were allocated accordingly. Attention from international organizations is not as strong as it is for Iloilo City, but there is acknowledgment of the need to tackle governance obstacles, notably regarding inter-city and local-national. The CLUP 2000 and the Environment Code 2005 are the two main source documents, and unfortunately more recent documents, especially for the CLUP, could not be accessed at the time of writing of the present report. A series of consultations was held with the stakeholders representing The Roads and Traffic Administration (RTA), City Planning and Development Office (CPDO), City Local Environment and Natural Resources Office (CLENRO), the regional offices of Land Transportation Office (LTO), The Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR), Land Transportation and Franchising Regulatory Board (LTFRB), public transport associations such as Lumbia Tuburan Tumpagon Operators and Drivers Association (LUTTODA), Camaman-an Motorela Operators Drivers Association (CMODA), CAMODMACO, GRC, GH TRAFECO, and the academe such as Xavier University–

Engineering Resource Center (XUERC) and College of Engineering (COE). According to the stakeholders, motorelas that are illegally operating, i.e. “kolorum,” are estimated to be three (3) times the population of the registered units. Moreover, the inspection and maintenance of PUVs remain to receive little governmental recognition. Smoke-belching, overloading and poor maintenance of second-hand PUVs further pollute the air of the city. Apart from the improvement of the public transportation system, the stakeholders likewise stressed the need for better infrastructure for non-motorized modes such as walkways and bike racks. Parking management The 2000 CLUP created a Parking Management Unit (PMU) under the control of the Transport Technical Unit (TTU) of Cagayan de Oro City. Its official missions are to oversee the development of goals for community based transportation sector, the land uses in affected areas and the effects of the transport-land-use interface on the environment both physical and natural; the political and social acceptability of implementing parking charges for public services that have been provided for free or practically for free so long; the allowable distribution of parking intensity throughout the CBD in consideration of land uses, public transport efficiency and roadway capacity; the individual requirements for each of the different types of parking demand-residential, shopper, worker and others; handles the planning, development, financing and operation of parking facilities; the presence of opportunities for public-private partnership to be undertaken and how each would be involved, and; to oversee the operation and maintenance of the public utility vehicle terminal3. The document also included a few isolated measures such as the construction of multi-level parking areas in strategic areas of the city, especially by commercial zones such as Cogon Market and Carmen Market4. Construction of a parking area for differently-abled along Fernandez Street near the cathedral was also planned, but this is the only initiative of this kind that was noticeable in the CLUP 20005. These first measures (from which implementation information is not available) were partly completed by the 2005 Environment

2 See Environmental Code 3, 2005, page 60

3 Cagayan de Oro City, CLUP 2000, “Section 4.3: Infrastructure – Transportation”, page 6

4 Cagayan de Oro City, CLUP 2000, “Section 4.3: Infrastructure – Transportation”, page 9

5 Cagayan de Oro City, CLUP 2000, “Section 8.0: Local Development Investment Program”, page 14

Code of Cagayan de Oro City, which specifies in the Air Quality Section that new traffic generating buildings or structures must provide for parking spaces for their employees and clients6. Finally, more recent ordinances providing for the local Traffic Code carefully detail parking rules (for instance, prohibition of parking upon an intersection) and enumerate streets where pay parking is to be implemented as well as fining policy for illegal parking7. Mixed use development The existing zoning map of Cagayan de Oro City in 2000 (before implementation of the 2000 CLUP) gives a clear indication on the poor emphasis on mixed use development that had prevailed before, since a strict segregation of use was applied between notably residential and commercial areas (mixed use was in some areas privileged to couple commercial and industrial use only). The 2000 CLUP however did not make significant change in the approach to land use since improvements mainly targeted creation of socialized housing zones, neighborhood center and business district zones (Figure 1), without any mix of use that could have reduced the length and number of trips made by people. Non-motorized transportation Both the 2000 CLUP and the 2005 Environment Code do not consistently address the issue of walkability in Cagayan de Oro City, even if some improvements are noticeable. In terms of infrastructures, there is no or negligible mention of construction of pedestrian lanes, walkways or car-free zones in the city. DV Soria is however made into a pedestrian-only zone during Friday and Saturday nights, but this is to accommodate the food kiosks and their respective dining areas that are set up on those days. As a matter of fact, stakeholders during the second city visit mentioned a recent ordinance that limited the width of pedestrian walkways required for construction of new buildings to 1.5 as opposed to 3 meters in the Building Code. However, according to the CLUP, traffic signals were improved by 2003 on 22 major intersections, which if

implemented should have increased street crossing safety8. Poor pedestrian-friendliness of streets, especially in commercial areas, is stressed in this document, but only “encouragement of pedestrianization” is proposed

as a solution9. The most relevant improvement made in the decade 2000 is the protection for public use of all zones located within 20 meters of the rivers’ banks. The CLUP notably took advantage of the freed areas to

create jogging footpaths, along Cagayan de Oro River banks from City Hall to Macabalan10. The Environmental Code also indirectly addresses walkability through complementary measures, in particular prohibition of littering and waste dumping on roads and sidewalks. Likewise, it specifies that house owners and tenants must clear the area in front of their house and provide waste receptacles, which if implemented should have

improved walkability by reducing physical obstacles to pedestrians11. The absence of concrete strategy for parks and open spaces upgrading and extension is however prejudicial. Indeed, if the 2000 CLUP stresses that they used to account for not even 1% of the city’s area, the proposed plan only increased this figure to

2.55%12.

6 Cagayan de Oro City Environment Code 3, 2005, page 22

7 Ordinance N°10551-2007

8 Cagayan de Oro City, CLUP 2000, “Section 8.0: Local Development Investment Program”, page 19

9 Cagayan de Oro City, CLUP 2000, “Section 6.0: Land Use Plan”, page 24

10 Cagayan de Oro City, CLUP 2000, “Section 8.0: Local Development Investment Program”, page 14

11 Cagayan de Oro City Environment Code 3, 2005, page 67 and 69

12 Cagayan de Oro City, CLUP 2000, Executive Summary, page 4

Figure 1: Proposed Zoning of Cagayan de Oro City

Cagayan de Oro City has steep slopes which pose a challenge to development, including for transportation systems. According to the CLUP, “Of the City’s approximately 49 thousand hectares, about 13,587 hectares or 28% have a slope of between 0 and 8% which is considered safe for most uses. Such areas are concentrated on the narrow coastal plain, the flood plain areas of the Cagayan and Iponan Rivers, and the upland terraces.

The remaining 72% of the land has slopes that are greater than 8%”13. An inconvenient topography is a great obstacle to cycling practices, and also to the introduction of a city-wide bike-share system. Most of the activity and concentration of human flows is however located in the City Core near the coastline, which is the flattest part of the city. Through the 2000 CLUP, city officials decided to build concrete pavement

bike lanes along the major streets of the city by 200314. The pedestrianization of the areas along the banks of the rivers of the city also went with the installation of bike racks, to make sure this public space is used by diverse modes of non-motorized transport. The stakeholders nevertheless note the inadequate infrastructure to effectively promote a shift to non-motorized transport. In terms of safety and implementation, finally, the

Traffic Code prohibits driving and parking of other types of vehicles on bicycle lanes15. Public transportation The 2000 CLUP prioritizes the establishment of a monorail system in the city, and generally speaking of mass transportation, “to hasten the movement of people and goods”. By 2010, the document plans the operationalization of the highly elevated monorail transit system with routes via Jasaan, Opol and Misamis Oriental along Iligan-Cagayan-Butuan Road (ICBR), with an estimated cost of PHP 1 billion and a Build-

Operate-Transfer model of funding and management16. The goal of the project is also to enhance the City Core where flows converge. The 2000 CLUP does not, however, address the issue of bus rapid transit (BRT), but instead privileges massive road improvement programs (according to Chapter 4.3) often aiming to widen existing roads. If the benefits of mass transportation system are not stressed in this document, this might be an opportunity to introduce the addition of provisions on segregated lanes and reduction of use of private vehicle cars. Stakeholders have also expressed their concern for the proliferation of the unregistered motorelas plying the roads of the city. Some have suggested that their number be regulated and that their routes be reassessed. Initiatives are Inspection and maintenance The birth year of anti-smoking belching in Cagayan de Oro City dates back to 1994, when the Anti-Smoke Belching Ordinance was enacted. It notably set up emission standards for diesel and gasoline powered vehicles, and created “apprehending officers” to give the test to vehicles on the road. If the tested vehicle fails, it has to present to an emission test center within 24 hours and will be fined. A certificate of compliance and a windshield sticker–valid for 6 months–are given to those who pass the test. These documents were made required for vehicle registration (necessary to be “licensed” to drive in the city) at the LTO, and gradual fines

were set up for failing the emission test17. The 2000 CLUP showcased the willingness of the local government to improve the number of vehicles passing the anti-smoke belching test by 2005, by “developing and sustaining the Anti-Smoke Belching Drive through a continuous and systematic monitoring on the smoke

emission level of all vehicles”18.

13

Cagayan de Oro City, CLUP 2000, “Section 1.0: Area Development Framework”, page 4 14

Cagayan de Oro City, CLUP 2000, “Section 4.3: Infrastructure – Transportation”, page 9 15

Ordinance No. 10551-2007, page 11 16

Cagayan de Oro City, CLUP 2000, “Section 4.3: Infrastructure – Transportation”, page 1,4 and 9 17

From Cagayan de Oro City’s Environment Code 2005 18

Cagayan de Oro City, CLUP 2000, “Section 4.3: Infrastructure – Transportation”, page 7

As explained in the introduction of the profile of Cagayan de Oro, recent measures have privileged education and prevention over strict control, which differentiates Cagayan de Oro from Iloilo City and Baguio City (even if they do acknowledge the importance of civil society awareness). The goal is notably to “promote public information and education to encourage the participation of an informed and active public in air quality planning and monitoring”, which was mainly expressed as follows: “the City Government shall enlist and involved NGOs in community organization for environmental education, using the organized associations in

monitoring and peer pressure for compliance to environment laws”19. The concern of Cagayan de Oro City for implementation and governance obstacles is here illustrated, and follows in the next lines of the Environment Code where measures for institutional linkages and intercity cooperation for environmental monitoring are presented. A monitoring committee is indeed set up and placed under the supervision of the City Environment and Natural Resources Office (CENRO). Its specific role in air quality monitoring–and notably inspection and maintenance–is however unclear. Finally, intercity cooperation entailed among others the “sharing of facilities and expertise for ambient air quality control”, and “application of polluters pay principle for sources pollutants that emanate from one Local Government Unit but affects the nearby LGUs”. Conclusion Except the areas along the rivers’ banks which were declared for public use by the 2000 CLUP, and which are supposed to accommodate non-motorized transport, namely walking and cycling, poor emphasis has been made for these two modes of transportation. Instead, road improvement network have been prioritized without much consideration for BRT system either. Plans for the new MRT are however promising, as well as the measures taken for inspection and maintenance. In the three steps of the ASI approach nonetheless, important points are being ignored, such as mixed use development, non-motorized transportation, electric vehicles and clean fuels.

19

Cagayan de Oro City Environment Code 2005, page 60 and 76

Concerns of the Stakeholders

CONCERNS REMARKS Avoid

Land Use Zoning plan has a strict segregation of use between land use types

Shift Non-motorized transportation

Inadequate infrastructure such as bike docks

Public transportation

Proliferation of unregistered fleets or “kolorum”; polluting engines;

Improve Roadworthiness of PUVs

Smoke-belching fleets

IV. Visioning and Prioritization

After the stakeholders have identified their concerns pertaining to the urban transport sector, the stakeholders were divided into group and were tasked to render their visual representation of their visions for the city three to five years from the present with the use of cut-outs of various transport infrastructure and elements, as illustrated in Figure 2. The results of the visions of the three groups are remarkably similar as they all focused on the non-motorized transportation and public transportation. These visions are further outlined in Table 4.

Table 4: Visions of the Stakeholders

Group 1 Group 2 Group 3

Vision: Clean, green, healthy and safe CDO

Vision: Green CDO Vision: Bike- and pedestrian-friendly, clean and green CDO

Zones/parking

Highway to Iligan is a green area

Public parking zones on all sides of the city (north, east, south, west) so that nothing from private vehicles can transport to the center of the city

Non-motorized transportation

DV Soria as a car-free area

Public markets as pedestrian-friendly sites

Bike docks at Cagayan River

Downtown as a car-free area

Velez Street is to be transformed into a more pedestrian- and bike-friendly zone

Car-free Cagayan de Oro once a week

Pedestrian-friendly on public markets and DV Soria

More overpasses on the main road specially near city Central School

Public transportation

Zoning of transportation especially motorelas

No bus on highways. They are only to be allowed on coastal roads

Jeepneys and taxis should not have a stations at Cogon or

E-jeepneys are to ply through subdivisions only

BRT is to run on major arterial roads

Rail transit, whether at grade or above grade, is to be placed along Velez

Taxis are the only transportation allowed to convey at the center of the city where a huge number of establishments are located

BRT is to run on major arterial roads

E-jeepneys at Carmen,

Stakeholders render their visions for Cagayan de Oro City during the workshop.

Carmen Some taxis are to be near

hospitals

Street There is to be one

specific lane for taxi

Nazareth, Lapasan Motorelas on

Camaman-an PUV routes are to be

established

Figure 2: Outputs of the Visioning Exercise

Prioritization While the results of the visioning exercise focused on shifting to environmentally sustainable modes of transportation, stakeholders covered many other components of urban transport during the discussion of the action plans they intend to be prioritized: a) administration of PUV routes b) promotion of public participation in planning for sustainable urban transport; c) promotion of low-emission vehicles; d) incorporation of transport and traffic management plan in the CLUP of the city; e) promotion of non-motorized transportation, and; f) enforcement. In the following consultation with the stakeholders months later, with the objective of identifying a specific measure for the drafting of a policy, the concerns which were raised in the previous city visit were condensed to six (6). The stakeholders were tasked to prioritize further the abovementioned six (6) key concerns according to urgency and/or importance. Each participant was given stickers with numbers 1 to 6, and was tasked to pin their score for the priorities, i.e. 6 is of highest importance while 1 is of least importance. The stakeholders identified “enforcement” as the key measure that must be prioritized, followed by “public involvement.” The rankings are illustrated in detail in Figure # and Table #.

Figure 3: Scoring of the Priority Areas of Concern

Table 5: Ranking of the Priority Areas of Concern

Rank Priority Measures Scores (ranks), given by stakeholders Total Ave.

1 Enforcement 6 6 6 6 6 6 6 6 6 6 6 6 4 5 3 5

89 5.56

2 Public involvement 4 4 4 5 3 5 3 4 4 3 4 5 4 3 6

61 4.07

3 Promote low emission vehicles

1 2 5 6 3 3 5 4 1 4 6 5 5 6 2 5

63 3.94

4 Proper PUV traffic route

3 1 1 5 1 1 2 5 1 5 5 1 5 1 1 5

43 2.69

5 Incorporate transport management in

2 4 1 4 3 2 2 3 2 4 2 2 4 4 2 2 3 43 2.53

CLUP

6 Promote NMT 1 2 1 3 3 2 4 3 1 1 2 2 2 3 3 1

34 2.13

For each of the six measure, the stakeholders provided specific measures to be taken, the expected outputs, the stakeholders that must be involved, and the target timeline. The stakeholders eventually chose to deputize Road and Traffic Administration (RTA) in anti-smoke-belching campaign and likewise formulate an ordinance on anti-smoke-belching. The rest of the measures are elaborated below.

4. PROPER PUV TRAFFIC ROUTE

Review and/or revisit current traffic schemes

Traffic routes must be re-evaluated by the LGU

annually

Regulation of number of units / Lessen the number of

franchise or routes

Devise the most efficient routes of PUVs or maximize

routes by reducing excess PUVs in a route

PUVs must have number- or color-coding scheme

Conduct regular traffic studies to be used for policy-

making

Lane segregation, applied to various PUVs. Or ensure

that no two different modes traverse the same route.

Designate places of loading/unloading for jeepneys

3. PROMOTION OF LOW EMISSION VEHICLES

Develop a model that determines the factors that

promotes high/low emission vehicles

- Target/output: Identification of the type of

vehicles that produces high/low emissions

- Who will be involved: Academe

- Timeline: 1 year

Limit the use of pre-euro vehicles

Have filter on vehicles, to have vehicles that are

pollution-free

- Timeline: long-term

Regulate the supply/use of second-hand cars

Subsidize or offer low-cost maintenance

-change oil, repair, spare parts

Further promotion of hybrid vehicles

Implement incentives for the use of natural gas-

powered (and other renewable fuel source) for

buses

Provide financial support for inventors who are

studying alternative technology

Teach eco-driving, and integrate into the module

in driving schools

Check existing study regarding new technologies

and improvise or check if this can be applicable to

our city.

2. PUBLIC INVOLVEMENT

Community service for National Service Training

Program (NSTP) must include a module on pedestrians

(collaboration with LGUs may be required)

Traffic education must be mainstreamed, and included

in the curriculum in both private and public schools.

Include traffic rules.

Create citizen forum and groups focused on citizen

empowerment

1. ENFORCEMENT

Regulate the number of vehicles/routes

Review existing traffic rules and include budget

Deputize more traffic enforcers at barangay level

Limit private vehicle ownership by providing

incentives for use of PUVs

Organize Bantay Usok program

Deputize Road and Traffic Administration in anti-

smoke-belching campaign to conduct roadside

inspection (with better testing equipment);

Promulgate/amend ordinance on anti-smoke-

belching and seek deputization from LTO

6. PROMOTE NON-MOTORIZED TRANSPORTATION

Improvement of pedestrian facilities, and ensure

inclusivity and accessibility

- Target: Encourage people to use NMT

Secure peace and order in the city to encourage citizens

to walk instead of riding a vehicle

Car-free day on weekends, especially in DV Soria

Clearing of sidewalks from obstructions

Bike lanes and parking

5. INCORPORATE TRANSPORT

MANAGEMENT IN CLUP

Creation of 10-year or 20-year city transport and

traffic management plan

- Involved: LGUs, NGOs, Academe, NLA,

Transport groups (multi-stakeholder)

- Timeline: medium to long-term

Strengthen transport assessment

- Monitoring and consultation with transport

sector. (There are currently no regular meetings

with the government.)

- Target/Output: rationalization; organize

routes

Open new areas for commercial and institutional

developments to minimize convergence of traffic

Consider the results of studies and researches in

policy-making

Establish rules and regulation abolishing illegal

sidewalk vendors (to ensure walkability)

V. Moving Forward

In response to the declining quality of the environment and of the inspection and maintenance system of the vehicles in the city, the stakeholders have brought to the forefront the need for an anti-smoke-belching ordinance to improve firstly the existing fleets. The ordinance drafted makes use of the template prepared from the USAID-funded project called Energy for Clean Air Project (ECAP) in 2006 where various local government units have actively participated in. Furthermore, as a uniform procedure for roadside apprehension is being discussed by Metro Manila Development Authority (MMDA), Metro Manila Anti-Smoke Belching Association (MMASBA) and LTO, key people from EMB and Pasig CENRO have assisted Clean Air Asia in drafting the ordinance on smoke-belching to ensure consistency.

AN ORDINANCE PENALIZING SMOKE-BELCHING VEHICLES PLYING WITHIN THE

TERRITORIAL JURISDICTION OF THE CITY OF CAGAYAN DE ORO

WHEREAS, the City of Cagayan de Oro recognizes that pollution from motor vehicles is

one of the major causes of poor and deteriorating air quality in the City of Cagayan de Oro

and seriously affects the well-being of citizens;

WHEREAS, the City of Cagayan de Oro upholds the principle that "polluters must pay"

and that a clean and healthy environment must be the concern of all its constituents;

WHEREAS, the City of Cagayan de Oro can significantly improve air quality in its

jurisdiction by accepting and fulfilling its responsibility for enforcing emission standards for

motor vehicles in its jurisdiction;

WHEREAS, Sections 15 and 16 of Article 11 of the Philippine Constitution provide that the

"state shall protect the right to health of the people and instill health consciousness among

them" and "the state shall protect and advance the right of the people to a balanced and

healthful ecology in accord with the rhythm and harmony of nature";

WHEREAS, Section 36 of Republic Act 8749 or otherwise known as the Philippine Clean

Air Act of 1999, mandates that "local government units (LGU) share the responsibility in

the management and maintenance of air quality within their territorial jurisdiction";

WHEREAS, Section 16 of Republic Act 7160 or otherwise known as the Local

Government Code of 1991 specifically grants the LGUs, the power to promote the general

welfare by ensuring and supporting, among other things, promotion and safety and

enhancement of the right of the people to a balanced ecology; and

WHEREAS, Section 5 (a) of the Local Government Code of 1991 provides that its general

welfare provision, as described above, shall be liberally interpreted to give more powers to

LGUs in accelerating economic development and upgrading the quality of life for the

people in the community;

NOW, THEREFORE, be it ordained, by the Sangguniang Panglunsod of the City of

Cagayan de Oro in session assembled, that:

Section 1. Title. This Ordinance shall be known as "AN ORDINANCE PENALIZING

SMOKE-BELCHING VEHICLES PLYING WITHIN THE TERRITORIAL JURISDICTION OF

THE CITY OF CAGAYAN DE ORO.”

Section 2. Applicability. The Ordinance shall be made applicable within the entire territory

and jurisdiction of the City of Cagayan de Oro and shall be implemented by an Anti-Smoke

Belching Unit (ASBU) to be established and maintained by the City.

Section 3. Prohibition of Smoke-Belching. All vehicles, whether public or private, found

to be violating the emission standards set forth in Section 4 shall be prohibited from plying

at all times of the day, within the territorial jurisdiction of the City of Cagayan de Oro.

Section 4. Emission Standard and Test Procedures for In-Use Motor Vehicles

equipped with a compression ignition (diesel) engine. The City shall adopt the

emission standards and roadside emission testing procedures for motor vehicles as set by

the Department of Environment and Natural Resources.

Section 5. Institutional Arrangements. The City’s ASBU shall be tasked primarily to

enforce the vehicle emission standards set in this ordinance. The City will coordinate

with the DENR in implementing mandatory certification training for all ASBU personnel.

All ASBU personnel must have passed said certification training before they are authorized

to enforce this ordinance.

Section 6. Fines and Penalties. All vehicle owners or drivers found to be violating this

Ordinance shall be subject to the following fines and penalties1:

a. First offense − a fine of one thousand pesos (PHP 1,000.00) and to pass the

smoke emission test

b. Second offense − a fine of three thousand pesos (PHP 3,000.00) and to pass

the smoke emission test

c. Third offense − a fine of five thousand pesos (PHP5,000.00) and to pass the

smoke emission test and to be recommended to LTO for a one (1) year suspension

of the Motor Vehicle Registration

Section 7. Local Clean Air Fund. Funds collected from fines and penalties shall be used

exclusively to finance the activities of the City’s ASBU and clean air programs to fulfil the

objectives of this ordinance. The City shall develop and implement a set of guidelines that

will govern the utilization, monitoring, and management of the local clean air fund.

Section 8. Coordination with National Government Agencies. The City shall regularly

coordinate with and update the Regional Offices of EMB and the LTO, and the Airshed

Governing Board on the implementation status of its anti-smoke-belching campaign.

Furthermore, it will establish a reporting and coordination mechanism with the LTO on the

cancellation of registration of vehicles, which have violated this ordinance for at least three

(3) times.

Section 9. Participation of Civil Society Constituents. The City shall enjoin its local non-

government organizations, academe-based groups, and other civil society organizations to

volunteer and participate in its anti-smoke-belching campaign.

Section 10. Separability Clause. If, for any reason or reasons, any part or provision of

this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions

hereof which are not affected thereby shall continue to be in full force and effect.

Section 11. Repealing Clause. Any ordinance inconsistent herewith is deemed repealed

or modified accordingly.

Section 12. Effectivity Clause. This ordinance shall take effect after its enactment by

the Sangguniang Panglungsod and approval of the Mayor, and fifteen days following

its posting and publication in a local newspaper of general circulation.

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1 Adapted from Item J-92 of Traffic Violation And Administrative Fees And Charges (Nov. 14, 2012)

http://www.lto.gov.ph/index.php/services/drivers-licensing/82-fines-penalties-for-traffic-and-administrative-

violations