CEBU, Philippines - Cebu City Mayor Michael Rama has vetoed City Ordinance 2411 otherwise known as the Anti-Muffler Modification Ordinance of 2013.
"I hereby exercise my veto power disapproving ordinance No. 2411 considering that the passage thereof is beyond the power of the legislative body, the City Council, thus, ultra vires," Rama said.
Rama said he was constraint to veto Section 3 (2) of the ordinance authored by Councilor Roberto Cabarrubias because he found it as an "invalid legislation."
The provision states that it is illegal for any person who uses or operates any motor vehicle that emits noise higher than 84 db (decibels) even if not modified, measured at a distance of 10 meters from the center of the lane of travel.
He said, the "even if not modified" clause is no longer relevant to the subject of the ordinance.
Rama claimed that there was lack of prior consultation with the stakeholders and other private organizations that are directly affected in the implementation of the ordinance.
He added that there is a need to include the implementing agency and its authority to help formulate implementing rules and regulation to avoid any legal complications.
Marjun Tacder, of the Motorcycle Rights Organization, said they were not consulted when the council drafted the Implementing Rules and Regulations.
"We do not condone nor do we contradict the intention of this ordinance, but we must ensure the equality amongst all road users is not taken for granted," Tacder.
Moreover, Rama said there should be further study conducted to determine whether all motor vehicles that will use the road, public or private, under normal circumstance will pass the maximum standard of noise set by the ordinance, which is 84 db.
A big bike, for instance, he said is usually loud as originally manufactured, which may not pass the standard of sound set by this ordinance.
Penalty
Cabarrubias sought to penalize those who "use or operate any motor vehicle so modified or with removed muffler as to cause loud and unnecessary or unreasonable noise, including the noise resulting from exhaust, which is clearly audible from nearby properties and unreasonably disturbing to the quiet, comfort, or repose of other persons."
The ordinance imposes a fine of P1,000 and/or imprisonment for one month for first offense; P2,000 and/or imprisonment for two months for second offense; and P5,000 and/or imprisonment for three months for third offense.
The P1,000 fine is 4,900 percent higher than the P20 stipulated under the 1964 City Ordinance 465, which requires the use of a silencer or muffler for all vehicles that emit "loud and deafening blasts."
A muffler or a silencer is a devise attached to vehicle exhaust pipes that helps diminish the loud sounds emitted by car engines.— (FREEMAN)