EXECUTIVE ORDER NO. 39
AN
ORDER SETTING THE SPEED LIMITS FOR ALL KINDS OF MOTORVEHICLES WITHIN
THE TERRITORIAL JURISDICTION OF DAVAO CITY, PROVIDING FOR ITSSANCTIONS,
AND FOR OTHER PURPOSES
WHEREAS, Republic Act No. 4136 otherwise known asthe "LandTransportation and Traffic Code” signed into law on June 20, 1964, is thegoverning traffic law of the Philippines, embodying therein, among others, thespeed limits on all highways, which limits were subsequently incorporated in DavaoCity’s Ordinance No. 778 Series of 1973, known as the “Revised TrafficOrdinance of the City of Davao”;
WHEREAS, notwithstanding vigorous implementation by appropriate lawenforcement agencies of existing traffic laws, there has been an alarming steady increase in trafficaccidents on the highways, thoroughfares, streets, and roads of Davao Cityprimarily caused by over speeding and reckless driving, with motoristsperennially ignoring lawful speed limits;
WHEREAS, it is observed that the existing traffic laws as above-citedare outdated, and to a great extent, no longer suited or responsive to thecurrent traffic situation in the city due to various factors resulting fromrapid urbanization;
WHEREAS, in the interest ofpublic safety and order, there is an imperative need for the city government toimmediately address this serious concern through a renewed vigor of regulation aswell as the adoption of local measures responsive to the current situation with a view of reasonably and effectively obviating trafficaccidents resulting from over speeding and reckless driving;
WHEREAS, Republic Act No. 7160 grants local government units the power toregulate traffic on all streets and bridges within their territorialboundaries, and to enact such measures that will enhance the publichealth, safety, convenience, maintain peace and order, and promote the generalprosperity of its inhabitants;
WHEREAS, a local measure providing for speed limit must beanchored on the basic precept outlined on Section 35 of R.A. 4136, which statesthat: Any person driving a motor vehicle on a highway shalldrive the same at a careful and prudent speed, not greater nor less than isreasonable and proper, having due regard for the traffic, the width of thehighway, and of any other condition then and there existing; and no personshall drive any motor vehicle upon a highway at such a speed as to endanger thelife, limb and property of any person, nor at a speed greater than will permithim 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 toconduct an experimental traffic scheme aimed at arriving at the most appropriate speed limit which will effectivelyaddress the current traffic situation prevailing in the city;
NOW,THEREFORE, I, RODRIGOR. DUTERTE, Mayor of DavaoCity, by virtue of the powers vested in me by law, do hereby order:
Section 1.The rate of speed for all typesof motor vehicles within the territorial boundaries of Davao City, shall notexceed the following:
Name of Highway, Thoroughfare, Street, or Road Maximum allowable speeds
From Sirawan to Ulas Crossing
60 Km/hour From Lasang to Panacan
From Calinan to Ulas Crossing
From C.P. Garcia Highway-McArthur Highway to Panacan
From Ulas to Generoso Bridge/Bolton Bridge
40 km/ hour From Panacan Crossing to J.P. Laurel Avenue-Alcantara
From Ma-a Road Diversion to McArthur Highway
From J.P. Laurel Ave.Alcantara to Bolton/Generoso Bridge
30 km/hour From Buhangin Crossing-Milan to Bolton/Generoso Bridge
From C. P. Garcia Hwy-Bacaca Road to Bolton/Generoso Bridge
From C.P. Garcia Hwy-Angliongto St. to Bolton/Generoso Bridge
Section2. Lead and Support Agencies. – The Traffic ManagementCenter (TMC), together with the Traffic Group-DCPO, Land Transportation Office(LTO-Davao City) and the Highway Patrol Group (HPG-PNP-Davao City), in thedischarge of their official functions, shall serve as the lead agencies inimplementing this Order. The Land Transportation Franchising Regulatory(LTFRB-Davao City) and the Department of Public Works and Highways (DPWH-DavaoCity) are hereby enjoined to give their full support, assistance andcooperation in the course of the implementation of the provisions of thisOrder.
Section 3. Traffic Signs. The Traffic Management Center (TMC) is hereby directed to provideappropriate traffic signs indicating the speed limits on all affected highways,streets, and roads within the city;
Section 4. Sanctions. Violators shall, ifwarranted, be subjected to arrest and their vehicle impounded without prejudiceto the imposition of penalties and fines under the provisions of R.A. No.4136 and Davao City Ordinance No. 778, if applicable.
Section5. 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 toremain in force and effect.
Section6. Effectivity. This Executive Order shall take effect immediately upon signing hereof.
Strictobservance and implementation of this Order is hereby enjoined.
Done in the City of Davao, Philippines,this __ day of October, 2013.
RODRIGO R. DUTERTE
City Mayor
Attested by:
ATTY. J. MELCHOR V. QUITAIN
City Administrator
WHEREAS, Republic Act No. 4136 otherwise known asthe "LandTransportation and Traffic Code” signed into law on June 20, 1964, is thegoverning traffic law of the Philippines, embodying therein, among others, thespeed limits on all highways, which limits were subsequently incorporated in DavaoCity’s Ordinance No. 778 Series of 1973, known as the “Revised TrafficOrdinance of the City of Davao”;
WHEREAS, notwithstanding vigorous implementation by appropriate lawenforcement agencies of existing traffic laws, there has been an alarming steady increase in trafficaccidents on the highways, thoroughfares, streets, and roads of Davao Cityprimarily caused by over speeding and reckless driving, with motoristsperennially ignoring lawful speed limits;
WHEREAS, it is observed that the existing traffic laws as above-citedare outdated, and to a great extent, no longer suited or responsive to thecurrent traffic situation in the city due to various factors resulting fromrapid urbanization;
WHEREAS, in the interest ofpublic safety and order, there is an imperative need for the city government toimmediately address this serious concern through a renewed vigor of regulation aswell as the adoption of local measures responsive to the current situation with a view of reasonably and effectively obviating trafficaccidents resulting from over speeding and reckless driving;
WHEREAS, Republic Act No. 7160 grants local government units the power toregulate traffic on all streets and bridges within their territorialboundaries, and to enact such measures that will enhance the publichealth, safety, convenience, maintain peace and order, and promote the generalprosperity of its inhabitants;
WHEREAS, a local measure providing for speed limit must beanchored on the basic precept outlined on Section 35 of R.A. 4136, which statesthat: Any person driving a motor vehicle on a highway shalldrive the same at a careful and prudent speed, not greater nor less than isreasonable and proper, having due regard for the traffic, the width of thehighway, and of any other condition then and there existing; and no personshall drive any motor vehicle upon a highway at such a speed as to endanger thelife, limb and property of any person, nor at a speed greater than will permithim 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 toconduct an experimental traffic scheme aimed at arriving at the most appropriate speed limit which will effectivelyaddress the current traffic situation prevailing in the city;
NOW,THEREFORE, I, RODRIGOR. DUTERTE, Mayor of DavaoCity, by virtue of the powers vested in me by law, do hereby order:
Section 1.The rate of speed for all typesof motor vehicles within the territorial boundaries of Davao City, shall notexceed the following:
Name of Highway, Thoroughfare, Street, or Road Maximum allowable speeds
From Sirawan to Ulas Crossing
60 Km/hour From Lasang to Panacan
From Calinan to Ulas Crossing
From C.P. Garcia Highway-McArthur Highway to Panacan
From Ulas to Generoso Bridge/Bolton Bridge
40 km/ hour From Panacan Crossing to J.P. Laurel Avenue-Alcantara
From Ma-a Road Diversion to McArthur Highway
From J.P. Laurel Ave.Alcantara to Bolton/Generoso Bridge
30 km/hour From Buhangin Crossing-Milan to Bolton/Generoso Bridge
From C. P. Garcia Hwy-Bacaca Road to Bolton/Generoso Bridge
From C.P. Garcia Hwy-Angliongto St. to Bolton/Generoso Bridge
Section2. Lead and Support Agencies. – The Traffic ManagementCenter (TMC), together with the Traffic Group-DCPO, Land Transportation Office(LTO-Davao City) and the Highway Patrol Group (HPG-PNP-Davao City), in thedischarge of their official functions, shall serve as the lead agencies inimplementing this Order. The Land Transportation Franchising Regulatory(LTFRB-Davao City) and the Department of Public Works and Highways (DPWH-DavaoCity) are hereby enjoined to give their full support, assistance andcooperation in the course of the implementation of the provisions of thisOrder.
Section 3. Traffic Signs. The Traffic Management Center (TMC) is hereby directed to provideappropriate traffic signs indicating the speed limits on all affected highways,streets, and roads within the city;
Section 4. Sanctions. Violators shall, ifwarranted, be subjected to arrest and their vehicle impounded without prejudiceto the imposition of penalties and fines under the provisions of R.A. No.4136 and Davao City Ordinance No. 778, if applicable.
Section5. 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 toremain in force and effect.
Section6. Effectivity. This Executive Order shall take effect immediately upon signing hereof.
Strictobservance and implementation of this Order is hereby enjoined.
Done in the City of Davao, Philippines,this __ day of October, 2013.
RODRIGO R. DUTERTE
City Mayor
Attested by:
ATTY. J. MELCHOR V. QUITAIN
City Administrator
