TAB sets rules in filing charges vs erring trikes PDF Print E-mail
Tuesday, 23 July 2013 13:25

In a bid to streamline the operation of motorized tricycles in the city, the three-man Tricycle Adjudication Board (TAB) recently approved a resolution prescribing rules and regulations in cases of violations committed by erring and unscrupulous tricycle operators and drivers.

TAB Resolution 003, approved on July 22, 2013 is pursuant to the provisions of City Ordinance 185 also known as the Motorized Tricycle Franchising Ordinance and the Local Government Code of 1991.

TAB Chair Atty. Jesus Carbon Jr. and members—Councilor Luis Biel III, who is chairman of the Council committee on Franchise and Erlinda Mandi Luelo, who represents the riding public have set 6 steps for the public to observe in the filing of complaints and the conduct of summary hearings in cases of violations committed by tricycle operators and drivers as well as the imposition of proper penalties and administrative fines as provided under the ordinance.

First, the complainant, which is usually the passenger should report to the TAB office the acts or omissions allegedly committed by the driver punishable under Ordinance 185; second, the detailed narration of facts/ circumstances which led to the filing of the complaint, should be recorded in the TAB’s log book and duly signed by the complainant and third, pursuant to section 1, article 11 of ordinance 185, impoundment of the motorized tricycle unit complained of, pending the result of the mediation proceeding to be conducted by the Tricycle Adjudication Board. The date of mediation is immediately calendared for possible settlement.

Fourth, both parties (complainant and the subject) are asked to appear before the TAB or duly authorized representative for an opportunity to be heard and defend their diverse claims and allegations, more importantly, for possible amicable settlement of the case in accordance with section 10, chapter 3, book VII of the administrative code of 1987 and fifth, if a settlement of the case was conducted by parties, the driver accused of having violated any of the provisions of the ordinance admitted the violations or allegations charged against him, he shall administratively be fined depending upon the severity of the violation committed. The impoundment of the tricycle unit shall be released only upon full payment of the fines imposed by the board for the violations committed.

However, TAB said if no settlement has been attained during the mediation, and the complainant decided to pursue the complaint, the latter shall execute a formal complaint/sworn statement duly signed by the complainant and acknowledged before a notary public.  A summary hearing shall be scheduled And conducted by the Board for the presentation of evidences by the parties concerned.  It is also emphasized that the payment of the administrative fines shall not bar the prosecution of any criminal and or civil proceedings as the case maybe.

And finally, if after the presentation of evidences, the board finds the driver guilty of the violations charged against him, he shall be fined administratively plus cancellation of certificate of Public convenience. The imposition of administrative fines shall not preclude the filing of any criminal and or civil cases against the same driver. On the other hand, if the board finds the driver not guilty of the violations charged against him then the complaint shall be dismissed and his tricycle unit s hall be immediately released.

Ordinance 185 authorizes the TAB through the chairman to exercise among others to review and decide complaint for violation of the ordinance, to provide and decide the proper penalties to be imposed on the preceding subparagraph and to prescribe rules and procedures subject to the approval of the Sangguniang Panlungsod.

Pursuant to the quasi-legislative and quasi-judicial powers conferred by City Ordinance 185 upon the Tricycle Adjudication Board, the latter is empowered to issue procedures, rules and regulations on how the law entrusted to them for implementation may be properly and efficiently imposed,” the TAB resolution said. — Sheila Covarrubias