Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REPRESENTATIVES
HB. No.

Introduced by Representative H. Harry L. Roque Jr.

AN ACT
AMENDING REPUBLIC ACT NO. 8794, ALSO KNOWN AS AN ACT
IMPOSING MOTOR VEHICLES USER'S CHARGE ON OWNERS OF ALL
TYPES OF MOTOR VEHICLES AND FOR OTHER PURPOSES, SECTION 6 ON
THE PENALTY FOR OVERLOADING

EXPLANATORY NOTE

Republic Act No, 8794 or the Anti-Overloading Act of 2000, Section 1

provides
‘The State shall protect and promote the right to health of the
people and instill health consciousness among them.

R.A. No, 8794 was enacted to protect the roads in the country by penalizing
overloading. However, according to a report by Ms. Marganx Ortiz of the Philippine
Daily Inquirer on 13 May 2008, Former Public Works Secretary Hermogenes Ebdane
Jr. claimed that R.A. No. 8794 should be amended because it is not effective in
protecting the roads from damage caused by overloading

Former Sec. Ebdane said at a press conference at the DPWH Office that the
cost of maintaining 30,000 kilometers of national roads was about P13.5 billion
annually. He added that the truckers allege they would lose #5 billion if they adhere to


the weight limit, but their continuing violation of the law involves P20 billion worth
of damage to the road networks yearly. Noncompliance with the anti-overloading law
has led to the rapid deterioration of the road network, resulting in repeated repair
work,

Former Sec. Ebdane further noted that the Philippines had the highest
allowable axle load limit in the world. He said the DPWH had recommended to
Congress that this be reviewed.

Compared to the 13.5 metric ton per axle limit prescribed by the law, other
countries have the following limits: United States, 9.1 MT/axle, United Kingdom,
11.5 MT/axle, France, 13 MT/axle; Thailand, 9.1 MT/axle, Pakistan, 12 MT/axle, and
India 9,3 MT/axle,

This bill aims to remedy the flaws of R.A. No. 8794 to conform to

My

H. HARRY L. ROQUE JR.

internationally accepted standards,

1. This bill was originally filed by Senator Miriam Defensor Santiago during the Sixteenth Congress,
‘Third Regular Session.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REPRESENTATIVES
H.B. No.

Introduced by Representative H. Harry L. Roque Jr.

AN ACT
AMENDING REPUBLIC ACT NO, 8794, ALSO KNOWN AS AN ACT
IMPOSING MOTOR VEHICLES USER'S CHARGE ON OWNERS OF ALL
TYPES OF MOTOR VEHICLES AND FOR OTHER PURPOSES, SECTION 6 ON
THE PENALTY FOR OVERLOADING

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

1 SECTION 1. Republic Act No. 8794, Section 6 on the penalty for overloading,

2 _ is hereby amended to read as follows:

3 Section 6, Penalty for Overloading. -An amount equivalent
4 to twenty five percent (25%) of the MVUC shall be imposed on
5 trucks and trailers for loading beyond their prescribed gross
6 vehicle weight: Provided, That no axle load shall exceed [thirteen
7 thousand five hundred kilograms (13,500kgs)]_ NINE
8 THOUSAND FIVE HUNDRED KILOGRAMS (9,500 KGS), IN
9 ADDITION TO THE PENALTY, THE VIOLATORS ARE

10 REQUIRED TO UNLOAD THEIR EXCESS WEIGHT


19

20

BEFORE THEY CAN CONTINUE THEIR TRIP. FAILURE TO
COMPLY WITH THE UNLOADING REQUIREMENT" IS
PUNISHABLE BY IMPRISONMENT NOT EXCEEDING ONE
YEAR OR FINE NOT EXCEEDING TEN THOUSAND PESOS
(P10,000.00), OR BOTH AT THE DISCRETION OF THE
COURTS.

ANY TRUCK OPERATOR WHO VIOLATES THE
OVERLOADING LIMIT THREE OR MORE TIMES SHALL
BE PUNISHED WITH IMPRISONMENT OF NOT LESS
THAN THREE (3) MONTHS BUT NOT EXCEEDING THREE
(3) YEARS AND FINE OF NOT LESS THAN ONE
HUNDRED THOUSAND PESOS (P100,000.00) BUT NOT

EXCEEDING ONE MILLION PESOS (P1,000,000.00).

SECTION 2. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary
to or is inconsistent with the provision of this Act is hereby repealed, modified, or

amended accordingly.

SECTION 3. Effectivity Clause. - This Act shall take effect fifleen (15) days
after its publication in the Official Gazette or in two (2) newspapers of general

circulation

Approved,

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