AN ORDER SETTING THE SPEED LIMITS FOR ALL KINDS OF MOTOR VEHICLES WITHIN THE TERRITORIAL JURISDICTION OF DAVAO CITY, PROVIDING FOR ITS SANCTIONS, AND FOR OTHER PURPOSES
Whereas, Republic Act No. 4136 otherwise known as the "Land Transportation and Traffic Code" signed into law on June 20, 1964, is the governing traffic law of the Philippines, embodying therein, among others, the speed limits on all highways, which limits were subsequently incorporated in Davao City's Ordinance No. 778 Series of 1973, known as the "Revised Traffic Ordinance of the City of Davao";
Whereas, notwithstanding vigorous implementation by appropriate law enforcement agencies of existing traffic laws, there has been an alarming steady increase in traffic accidents on the highways, thoroughfares, streets, and roads of Davao City primarily caused by over speeding and reckless driving, with motorists perennially ignoring lawful speed limits;
Whereas, it is observed that the existing traffic laws as above-cited are outdated, and to a great extent, no longer suited or responsive to the current traffic situation in the city due to various factors resulting from rapid urbanization;
Whereas, in the interest of public safety and order, there is an imperative need for the city government to immediately address this serious concern through a renewed vigor of regulation as well as the adoption of local measures responsive to the current situation with a view of reasonably and effectively obviating traffic accidents resulting from over speeding and reckless driving;
Whereas, Republic Act No. 7160 grants local government units the power to regulate traffic on all streets and bridges within their territorial boundaries, and to enact such measures that will enhance the public health, safety, convenience, maintain peace and order, and promote the general prosperity of its inhabitants;
Whereas, a local measure providing for speed limit must be anchored on the basic precept outline on Section 35 of RA 4136, which states that: Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater nor less than is reasonable and proper, having due regard for the traffic, the width of the highway, and of any other condition then and there existing; and no person shall drive any motor vehicle upon a highway at such a speed as to endanger the life, limb, and property of any person, not at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead;
Whereas, prior to the passage of a local ordinance, there is an indispensable need to conduct an experimental traffic scheme aimed at arriving at the most appropriate speed limit which will effectively address the current traffic situation prevailing in the city;
NOW, THEREFORE, I, RODRIGO R. DUTERTE, Mayor of Davao City, by virtue of the powers vested in me by law, do hereby order:
Section 1. The rate of speed for all types of motor vehicles whithin the territorial boundaries of Davao City, shall not exceed the following:
Section 2. Lead and Support Agencies. - The Traffic Management Center (TMC), together with the Traffic Group - DCPO, Land Transportation Office (LTO-Davao City) and the Highway Patrol Group (HPG-PNP-Davao City), in the discharge of their official functions, shall serve, as the lead agencies in implementing this Order. The Land Transportation Franchising Regulatory Board (LTFRB-Davao City) and the Department of Public Works and Highways (DPWH-Davao City) are hereby enjoined to give their full support, assistance, and cooperation in the course of the implementation of the provisions of this ORder.
Section 3. Traffic Signs. The Traffic Management Center (TMC) is hereby directed to provide appropriate traffic signs indicating the speed limits on all affected highways, streets, roads within the city;
Section 4. Sanctions. Violators shall, if warranted, be subjected to arrest and their vehicle impounded without prejudice to the imposition of penalties and fines under the provisions of RA No. 4136 and Davao City Ordinance No. 778, if applicable;
Section 5. Separability Clause. If any part or provision of this Order is held unconstitutional or invalid, other parts or provisions thereof which are not affected shall continue to remain in force and effect.
Section 6. Effectivity. This Executive Order shall take effect immediately upon signing hereof.
Strict observance and implementation of this Order is hereby enjoined.
Done in the City of Davao, Philippines, this 29th day of October, 2013.
(Sgd.) RODRIGO R. DUTERTE
City Mayor
Attested by:
(Sgd.) Atty. J. Melchor V. Quitain
City Administrator
