Chapter research subjects. This chapter has

Chapter IIREVIEW OF RELATED LITERATURE AND STUDIESThis chapter presents the related literature and studies of the Davao City’s Speed Limit Ordinance.

The central purpose of the literature and studies review is to provide the readers a deep understanding of the research subjects. This chapter has covered the theoretical framework, and conceptual framework to further assess the reviewed literature and studies in relation to the current study.Traffic Situations around the GlobeCountries around the world have their own different laws regarding speeding. In addition, they differ in their structure and how it is planned and enforced.

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This is to avoid traffic decongestion in their roads. In Singapore, before purchasing their own vehicle, the locals need to bid for a document called Certificate of Entitlement, and could cost a minimum of SG$48,000 just for a small-sized automobile. Its validity will be only for 10 years from the date of registration. On top of that, only a specific number of certificates are being released monthly to control the number of cars on the road. This make the citizens make them commute by train instead of paying this expensive rate with additional taxes and fees. In Copenhagen, Denmark, along with other European cities, does the opposite by reducing its parking supply each year instead of adding more spaces to get private vehicles off street curbs. Car owners would eventually lower their vehicle usage because of unavailable parking spaces.

This effectively induces citizens to opt for public transit or bicycles as modes for transportation. In Spain, they created a scheme that incentivizes vehicle owners to trade in their old cars, aged 10 years or older, with subsidies of up to €2,000. Not only does it decrease the number of cars on the street, but it also gets rid of potential pollutants. Also, Bolivia’s Mi Teleférico (My Cable Car) system is similar to a subway system, only miles above ground, with cars arriving every 12 seconds at 11 stations on a 10-kilometer network. In addition, cities around the world are steadily inching towards becoming car-free to create more space for pedestrians within the next five years.

Oslo, Norway pledged to ban private vehicles by 2019. Madrid speeds up the process by issuing tickets to car owners who don’t reside in central areas or don’t have guaranteed parking spaces in official parking lots. The city has also been establishing limited-car zones in downtown areas. This makes it much easier and surprisingly affordable to eventually make Central Madrid substantially car-free.

One of the most direct ways to reduce city traffic, as a study on Milan revealed, is charging a price for traffic congestion. In the Italian capital, the Five-Euro fine to enter the city’s most congested area has resulted to a 19% decline in traffic with as much as 27,000 cars avoiding the area altogether. Australia has innovated a way to control traffic with the Sydney Coordinated Adaptive Traffic System (SCATS) which uses cameras installed in pavements to assess the volume of traffic in intersections and change the timing of traffic lights through a central data center. Sounds too technical to understand fully, but the statistics prove the decrease in total travel time by 37% CITATION The16 l 1033 (Aseoche, 2016).Philippines’ Law about SpeedingSpeed limits are set under Republic Act No 4136 or the Land Transportation and Traffic Code which mandates the allowable speed limits on open country roads, city and municipal streets, and thorough fares. Under RA 4136, these speed limits are uniform nationwide.

This means that no provincial, city, or municipal authority can enforce any ordinance or resolution specifying speed limits other than those prescribed in the law. Consequently, the problem with the law is since it was enacted more than 5 decades ago, the speed limits set on some roads may be outdated already. Another is that some local government units (LGUs) may be better off setting their own speed limits that would be more appropriate for current road conditions in their respective areas, and help reduce the risk of road crashes CITATION Kim171 l 1033 (Sy, 2017).In line with this, a study conducted by Imagine Law, a civil society organization advocating road safety, explained how one of the provisions of Republic Act 7160 or the Local Government Code mandates LGUs to “exercise all powers granted to it in order to promote health and safety, among others.” In addition, the Local Government Code also empowers cities and municipalities to enact ordinances to regulate the use of its streets and avenues, and to regulate traffic.

In addition, managing speed based on the specific classification of local roads is important because national speed limits do not always correspond to the appropriate speed when the road environment changes. The municipality of Tupi in South Cotabato, for instance, passed an ordinance in 2014 prescribing a speed limit of not more than 80 kilometers per hour for 4-wheeled vehicles and motorcycles traveling along the national highway, while a 40 km/h speed limit is in effect within the town proper. The ordinance was passed in an effort to curb the increasing number of vehicular crashes in the area.Davao City’s Speed Limit OrdinanceAfter deadly road accidents and the recent bus fall from an expressway in Manila, the Davao City then-mayor, now president of the country, Rodrigo R.

Duterte signed Executive Order No. 39in the year 2013, an order setting the speed limits for all kinds of motor vehicles within the territorial jurisdiction of Davao City, providing for its sanctions, and for other purposes. According to the City Government of Davao, in this ordinance, the rate of speed for all types of motor vehicles within the territorial boundaries of Davao City shall not exceed within the speeds assigned in each place.

A maximum speed of 60 kph (kilometers per hour) must be observed along Sirawan-Ulas Crossing, Lasang-Panacan, Calinan-Ulas crossing, and from C.P. Garcia Highway- McArthur Highway to Panacan routes.Also, a 40 kilometer-per-hour speed must be observed along Ulas to Generoso Bridge/Bolton Bridge, Panacan Crossing to J.P. Laurel Avenue- Alcantara, and Ma-a Road Diversion to McArthur Highway routes.

Finally, a 30 kilometer-per-hour speed must be observed from J.P. Laurel Ave. Alcantara to Bolton/Generoso Bridge, from Buhangin Crossing- Milan to Bolton/Generoso Bridge, from C.P Garcia Highway- Bacaca Road to Bolton/Generoso Bridge, and from C.P Garcia Highway-Angliongto St. to Bolton/GenerosoBridgeCITATION Cit12 l 1033 (Davao, 2012).

The implentation of such ordinance is for the purpose of the citizen’s safety and to lessen traffic-related accidents. According to Inquirer.net, “Life will be in slow motion,” Duterte said in Filipino. “For as long as people lives are in jeopardy, the law stays”, he added. This would be strictly enforced to further reduce the number of traffic accidents and loss of lives.

“We are doing it for the interest of public safety,” he said on his television program, “Gikan sa Masa, para sa Masa” CITATION Ger13 l 1033 (Lacorte, 2013).Moreover, citing the city’s traffic data, he said traffic accidents had decreased by 10 percent and 292 drivers have been apprehended for violating the speed limits. He again warned abusive and reckless drivers, saying they only “cheapen” the lives of people in the city.

“You’re acting as if you own the highway,” he said. In this matter, by implementing a speed limit lower than 30 kilometers-per-hour will assure the safety of commuters and/or those careful drivers who wanted the safety of their passengers. Reacting to complaints of passengers about delays in going to their workplaces because of the regulated road movement, Duterte said: “If you go slow, you save the lives of your fellowmen.”Months after its implementation, a study by the University of Mindanao’s Institute of Popular Opinion (IPO) revealed shows that nearly 8 in 10 Davaoeños agree with the overall intent of the driving speed limit ordinance although the approval varies depending on the imposed limits.

The study surveyed 1,200 respondents across the city’s three congressional districts from May 16-24 this year, with 936 people agreeing and 170 others not agreeing with the ordinance. The respondents’ reasons for agreeing with the executive order range from safety to discipline.However, the IPO added that the respondents noted the law was “interestingly irregular” and “different from national law.” The city imposed speed limits of 30, 40 and 60 kilometers per hour depending on the location and nature of the city’s streets late last year through an executive order signed by then Mayor Rodrigo R.

Duterte.Also, it stated that majority of Davaoeños expressed the limits imposed by the ordinance to be within “the right speed,” with 80% of them saying the 40-kph speed limit in some of the city’s longer roads were the “justified maximum acceleration.” The figure, however, dropped when it comes to the 30-kilometer per hour speed limit with only 75% of those surveyed agreeing with it while 19% wanted it increased. On the 60- kilometer per hour limit, 77% of the respondents gave their approval and 17% wanted it increased. Regarding the city’s highest speed limit, 60 kilometers per hour, only four percent wanted the limit reduced.

As to the penalties, 583 or 62% of the respondents said the fines are commensurate to the violation. Only 82 of the respondents, or 9%, said the penalty has to be reduced. “Executive Order No. 39 … has drawn diverse reactions from the riding public since it was implemented six months ago,” the IPO said in a statement CITATION MIN14 l 1033 (MINDANEWS, 2014).

In addition, the survey also noted several perceived drawbacks of the EO. Of the 170 respondents who disagreed with the ordinance, 36% or 61 respondents said the EO lengthened their travel time to their workplace. Others claimed that it caused traffic gridlock and affected the economy.Overall, 74% of the respondents believed that the speed limits were satisfactory. Only one percent of the respondents, or 12 people, said they were not satisfied with the limits.Further, this set of speed limits all over the city is mostly opposed by taxi drivers but is showing to be very effective in reducing road accidents.

Taxi drivers claim they are earning less because they have to abid by the 30kph downtown and the 40kilometers per hour and 60 kilometers per hour in other areas CITATION Aiv15 l 1041 (Villarba, 2015).In addition, according to an interview in Philipppine Daily Inquirer, taxi driver Rey (not his real name) has four kids and struggles to make ends meet with his average profit of P450 before EO 39’s implementation. With the speed limit, a substantial amount was lost because they can no longer speed up to be able to haul more passengers.”Sometimes I earn only P200. How will we be able to meet our needs especially when the cost of living is very high? I can’t do anything about it, I can only work hard,” he said.

The recent reduction of the flag-down rate by 10, he said, added to the difficulty of meeting ends meet. But for Rey, the speed limit was the big culprit. While he sees it as unnecessary, he could do nothing but comply with it. “If I go against the law, I wouldn’t be able to afford to retrieve my license,” he explained (Mejos, 2015). Not only taxi drivers are affected, but also jeepney drivers who comprises the entire mode of transportation in the city. Jeepney driver Noel Panay says the 30-kph limit in the downtown areas was absurd. He explained that a bike can run faster, and they cannot run faster to pick up more passengers. He added that the speed cap allowed jeepney drivers like him to make only four round trips per day CITATION And15 l 1041 (Mejos, 2015).

In addition, for private car owners Steely Caballero and Prince Canda, the slow pace of travel in the city was “a hassle”. They prefer that the minimum speed in the downtown areas should be increased to 40 kilometers per hour.Also, Manila-based entrepreneur Moje Ramos-Aquino, who writes a column for a national newspaper, recounted her experience in coming to Davao, where she claimed that it took her an hour and a half to travel six kilometers. She sait that she will go back to Davao when they lift the speed limit, and for the meantime, she will bring her business and her money somewhere else.However, Traffic Management Center (renamed City Transport and Traffic Management Office) former chief Rodelio Poliquit said business should not be based on the speed by which vehicles can travel in certain areas. Also, Social strategist Reymond Pepito thinks that even if EO 39 was unappealing to some, for the majority it was important. He felt that the implementation of speed limits is not a problem.

Road widening and well-functioning traffic lights can address the issue of congested roads and traffic in the city, and one should not compromise safety He also wished for Tagum City, the place where he lives, to have their own vehicular speed policy to avoid road accidents CITATION And15 l 1033 (Mejos, 2015).In the year 2016, The Davao City Police Office (DCPO) Traffic Group has apprehended 13,202 traffic violators in the city from January to December. DCPO-Traffic Group Chief Superintendent Ernesto Castillo said that in their accomplishment report, they seized 6,255 persons after violating Republic Act (RA) 4136 or the Land Transportation and Traffic Code during the Armed Forces of the Philippines-Philippine National Police (AFP-PNP) Press Corps media forum. He reported that the number of violators increased by 594 equivalents to 10.

49 percent compared to 2015. He also added that the number of violators of executive order (EO) 39 was 6,947, a decrease by 44.25 percent compared in 2015.

Meanwhile, seven violators of the Anti-Drunk and Drugged Republic Act of 2013, which was implemented last year, were arrested for driving under the influence of alcohol (DUIA). One of them already pleaded guilty before the court and his driver’s license was revoked, while cases of the other six are still pending in court.In addition, the violators, if not resulting in physical injuries, will be fined between P20, 000 to P80, 000, but if the violation causes physical injuries, he or she will be fined between P100, 000 to P200,000. If it results in homicide, the guilty driver will face a fine of P300, 000 to P500, 000 and be penalized under the Revised Penal Code.

Furthermore, 31 violators were apprehended in Toril area and vehicles of the eight among them were impounded, while plate numbers of the others were confiscated and a few were issued with temporary operating permit since the start of their implementation in 2017. He explained that the operation was carried by dividing the traffic group into three groups, with each team, composed of 14 personnel, equipped with motorcycle to implement the Republic Act 4136 (Land Transportation and Traffic Code) and the speed limit in different areas in Davao City. He also urged motorists to observe traffic rules and regulations to avoid vehicular incidents that might lead to deaths CITATION Rev17 l 1033 (Revita, 2017).The implementation of the Executive Order No. 39 has its positive comments, and has its negative sides. Nevertheless, in general, a law’s purpose is for the common good of all. True, that some of these are lacking in further explanations and reading.

But, that is what the people’s purpose comes in- to evaluate its effectiveness, efficiency and sustainability. The citizens can contribute to the improvements of the law, and propose possible amendments that can be both satisfactory for those who oppose and for those who do not mind at all. Still, at the end, the law must be followed for the sake of achieving peace and order in a certain area, and as citizens, we are the most responsible for such actions to be maintained.Theoretical FrameworkThis study will be anchored on the following theories:The Theory of Planned Behavior (TPB). This theory by Icek Ajzen (1985) started as the Theory of Reasoned Action in 1980 to predict an individual’s intention to engage in a behavior at a specific time and place.

The theory was intended to explain all behaviors over which people have the ability to exert self-control. In the case of drivers who over speed, TPB may be applied to determine the reasons of the offenders as to why they were speeding to give a clear solution so as it would not happen again the next time, whereas repeat offenders may also have their reasons as to why they have yet again over speed. TBP may be used to determine their intention, and to give a temporary or continuous solution to drivers who over speed.85th Percentile Speed Theory. This theory was created by Jonah Finkelstein (2016), a traffic engineer in Spack Consulting. This theory can be a confusing statistic for some to understand. The Minnesota Department of Transportation defines the 85th percentile speed as, “the speed at or below which 85 percent of all vehicles are observed to travel under free-flowing conditions past a monitored point.

” Others use the 85th percentile speed as a guide to set the speed limit at a safe speed, minimizing crashes and promoting uniform traffic flow along a corridor. The 85th percentile observes drivers whether they go beyond the speed limit or below which 85 percent of drivers are being observed.Deterrence Theory.

This theory was formulated with associated theorists Cesare Beccaria, Thomas Hobbes, and Jeremy Bentham. Deterrence, in general, is the control of behavior that is affected because the potential offender does not consider the behavior worth risking for fear of its consequences, in short drivers who are potential offenders does not consider the behavior which is speeding worth risking for fear of its consequences, in other words fear of losing their licenses.Not only does this apply to new drivers, this also applies to repeat offenders who are on the verge of losing their licenses and might not be able to redeem it back.

If motorists do not refrain from offending out of fear of consequences they are by definition, not deterred.Conceptual FrameworkFigure 1 describes the conceptual framework of the study the researchers made to evaluate the Speed Limit Ordinance of Davao City wherein the input consists of the respondents’ profile: Age, Gender, Occupation, and the Implementers. It also includes the variables needed to measure the index of Effectiveness, Efficiency, and Sustainability of the implementation of the ordinance.On the other side, the process that the researchers are planning to use are through survey questionnaire, interview guide, and statistical treatment such as percentage and mean.

The expected output is the assessment index of the implementation of the Speed Limit Ordinance in Davao City. At the bottom are the positive and negative feedbacks of the respondents among students, jeepney drivers, motorists, and taxi drivers regarding with the ordinance’s implementation, and their opinion about the necessity to make adjustments/amendments to the said ordinance.PROCESSINPUTOUTPUTSurvey Questionnaire InterviewGuide Statistical TreatmentPercentageMeanResults of the evaluationProfile of the respondentsAgeGender OccupationImplementersEvaluation index of the Davao City’s Speed Limit Ordinance in terms of its:EffectivenessEfficiencySustainabilityFEEDBACKSFigure 1. Conceptual Model of Study