This was the comment of Provincial Board Member Antonio Almirante, who chairs the PB committee on laws and ordinance, after he reviewed the approved ordinance of the municipality of Alcoy requiring "habal-habal" drivers to display identification cards while practicing their trade.
"By enacting an ordinance regulating and imposing certain requirements on the operation of habal-habal within the municipality, the measure lends color of authority or official permission for said means of transportation to continue operating within the town," Almirante said in his report to the board.
Almirante recommended that Alcoy's ordinance be disapproved citing the ruling of the Land Transportation and Traffic Code of the Philippines declaring the operation of motorcycle-for-hire as illegal.
The board then unanimously approved Almirante's recommendation.
Under Alcoy's ordinance, "habal-habal" drivers will be penalized if they fail to display their identification cards. For the first offense, the drivers will be reprimanded and will be made to undergo lecture. A fine of P500 but not more than P1,000 will be slapped on violators for the second offense while impoundment of motorcycles will be imposed for the third offense.
Almirante pointed out that the local government unit should only regulate the operation of tricycles and grant franchises for their operation but not to include the regulation of the "habal-habal."
"The passage of the subject Alcoy Ordinance is outside the scope of the legislative authority vested by law in the Sanggunian of the town," Almirante said.
Last year, at least three lawmakers moved to legitimize and at the same time regulate the use of "habal-habal."
Cebu fifth district Rep. Ramon "Red" Durano filed House Bill 5411, and Reps. Teofisto Guingona III of second district of Bukidnon and Juan Miguel Zubiri of the third district of Bukidnon filed House Bill 5971 saying habal-habal is often used in rugged roads and terrain not normally accessible by other means of public transportation. - Garry B. Lao/LPM