Republic of the Philippines

City of 11oilo
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 14.TH REGULAR SESSION OF THE 33RD
PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT THE SESSION HALL,
NEW CITY HALL BUILDING, PLAZA LIBERTAD,, ILOILO CITY, ON WEDNESDAY,
APRIL 18, 2012.

PRESENT:
HON. JOSE S. ESPINOSA III
Presiding Officer

HON. JOSHUA C. ALIM, Floor Leader Member

HON. LYNDONV. ACAP Member
HON. RODEL F. AGADO Member
HON. ROBERTO E. DIVINAGRACIA, Liga ng mga Brgy. Pres. Ex Officio Member
HON. ELY A. ESTANTE, JR. Member
HON. JEFFREY P. GANZON Member
HON. R LEONE N. GEROCHI Member
HON. JASON R. GONZALES Member
HON. DAVID RAYMUND C. JAMORA Member
HON. SHEEN MARIE S. MABILOG, SK Federation Pres., Ex Officio Member
HON. PLARIDEL C. NAVA II Member
HON. NIELEX C. TUPAS Member
HON. EDWARD C. YEE Member
HON. PERLAS. ZULUETA Member

ABSENT:

None.

REGULATION ORDINANCE NO. 2012-181

AN ORDINANCE PROHIBITING THE USE OF EARPHONES WHILE
DRIVING A MOTOR VEIDCLE, MOTORCYCLE OR BICYCLE
WITHIN THE TERRITORIAL JURISDICTION OF ILOILO CITY

Sponsored by Councilor Jason R. Gonzales, duly seconded by

Councilors Rodel F. Agado, Jeffrey P. Ganzon, Ely A. Estante, Jr.
and Lyndon V. Acap

WHEREAS, a driver shall exercise due care in operating a motor vehicle on the public
ghways, roadways or streets of the City and shall not engage in any actions which shall distract
such driver from the safe operation of the vehicles;

WHEREAS, a driver should always be alert to what is happening around but it has been
observed that some drivers operate their motor vehicles and motorcycles while wearing
earphones connected to their electronic gadgets;
Reg. Ord. No. 2012-181, Apr. 18, 2012 Page2

WHEREAS, studies show that using earphones while driving adversely affects driving
performance in a number of different ways. This sufficiently distracts the driver preventing him
from hearing audible signals of other vehicles. It impairs maintenance of lane position,
appropriate speed, appropriate distance from vehicles in front, reaction times and general
awareness of the traffic;

WHEREAS, wearing earphones while operating a vehicle creates a dangerous situation

not only for the driver, but for his passengers, other motorists and pedestrians as well, because of
his inability to hear emergency vehicles, and other cars that might honk to alert him of a
pedestrian, another vehicle or other potential hazards. Likewise, this prevents him from hearing
his own vehicle which may be making noises indicating a mechanical problem;

WHEREAS, Section 16, Chapter 2 of Republic Act 7160 or otherwise known as the
Local Government Code of 1991 (LGC), specifically grants the LGUs, the power to enact
ordinances to promote health and safety, to maintain peace and order, and to preserve comfort
and convenience of their inhabitants, among others.

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

Iloilo, in session duly assembled, that:

Section 1. - SHORT TITLE. This Ordinance shall be known as "No Earphones While
Driving Ordinance".

Section 2. - APPLICABILITY. The ordinance shall take effect within the entire
territory and jurisdiction of the City of Iloilo and shall be implemented by the Transportation
Management and Traffic Regulation Office and will be acted upon by the City Legal Office in
cases of non-payment of fines. Traffic Enforcers who will not properly implement this
ordinance will be held administratively liable.

Section 3. - DEFINITION OF TERMS.

a. Earphones - refers to speakers which are designed to be held in place close to a

user's ears. These may or may not have wires which allow them to be connected to
electronic gadgets such as an audio amplifier, cellphones, iPod, radio, CD player, or
portable audio/video media player.
b. Motor vehicle - any vehicle constructed principally for the conveyance of persons or
for the transport of goods and other movable properties in highways, roadways or
streets.
c. Motorcycle - any open-seated motor vehicle with two wheels.
d. Bicycle - any open-seated vehicles with two wheels powered by the driver.
e. Pedicabs - any vehicle with three or more wheels powered by the driver.
f. VIP's - as used in this ordinance is defined as person holding position in the
government such as President, Vice President, Senator, Congressman, elected local
government officials, and foreign dignitaries.
g. Security Agency - refers to the legitimate agency engaged in SecurityServices
business duly licensed and registered before the government regulating body.

Section 4. - PROHIBITION. It shall be unlawful to operate upon any highway or

streets in the City of Iloilo a moving motor vehicle, motorcycle, bicycle, or pedicab of any kind
while the driver is wearing earphones over one or both ears.

Section 5. - EXCLUSIONS. The preceding section does not apply to:

Reg. Ord. No. 2012-181, Apr. 18, 2012 Page3

a. A person operating authorized emergency vehicles.

b. A person engaged in the operation of either special construction equipment or
equipment for use in the maintenance of any highways, streets, bridges, waterways
and other public works.
c. A person engaged in the operation of refuse collection equipment who is wearing a
safety headset or safety earplugs.
d. A person wearing personal hearing protectors in the form of earplugs or molds that
are specifically designed to attenuate injurious noise levels. The plugs or molds shall
be designed in a manner so as to not inhibit the wearer's ability to hear a siren or horn
from an emergency vehicle or a horn from another motor vehicle.
e. A person using a prosthetic device that aids those who are hard of hearing.
f. Undercover agents, police officers and other law enforcers on duty.
g. Official media practitioners with valid identification cards from their employers may
use one earphone either on their left or right ear only.
h. Members of the PSG Personnel securing the President of the Philippine, PNP/PSPG
Personnel and Licensed Protection/Security Agents securing VIP's.

Section 6. - PENALTIES AND SANCTIONS.

Any person violating the provision of this ordinance shall be imposed with following
penalties:

a. First Offense - a fine of one hundred pesos (Pl 00.00)

b. Second Offense - a fine of one thousand pesos (Pl,000.00)
c. Third and Succeeding Offenses - A find of three thousand pesos (P3,000.0)) and
confiscation of driver's license shall be imposed on any driver found guilty of
committing violations.

The fine should be paid at the treasurer's office within five (5) days of the issuance of the
citation ticket.

Section 7. - SEPARABILITY CLAUSE. If any part, section or provision of this

ordinance is held invalid or unconstitutional, other provisions not affected thereby shall remain
in force and effect.

Section 8. - REPEALING CLAUSE. All other ordinances, orders, issuance, rules and
regulations which are inconsistent with the provisions of this ordinance are hereby repealed,
amended or modified accordingly.

Section 9. - EFFECTIVITY CLAUSE. This ordinance shall take effect after its
enactment by the Sangguniang Panlungsod and approval of the Mayor, and fifteen (15) days
following its posting and publication in a local newspaper of general circulation.

ENACTED, April 18, 2012.

"'
Reg. Ord. No. 2012-181, Apr. 18, 2012 Page4

I hereby certify to the correctness of the above quoted ordinance.

UTH H. ARROYO
tary to the Sangguni

ATTESTED AND CERTIFIED

TO BE DULY ENACTED: APPROVED:

KE. MABILOG t
ityMayor \

/rot