Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS

First Regular Session
House BrLUNet__ 327

Introduced by Honorable Aleta C. Suarez

EXPLANATORY NOTE

According the World Health Organization (WHO), road accidents have become
a major public health problem in Asia and the Pacific. 10 Million people are severely
injured or killed annually on the region's roads. With Asia accounting for only 16% of
the world’s vehicles, road deaths rose by nearly 40% between 1987 and 1995. In
the Philippines, the WHO reports that Road traffic accidents constitute the second
leading cause of injury death, with a mortality rate of 7.8/100,000. Among children
aged 0-17 years, it is the second leading cause of injury death (mortality rate of
5.85/100,000), next to drowning. This poor state of our roads was even admitted by
Secretary Rogelio Singson of the Department of Public Works and Highways. Facing
the House appropriations committee scrutinizing the proposed P90.9-billion public
works budget for 2011, Singson admitted the “long festering problem of bad roads”
in the country has contributed to many accidents and hampered economic
development.

One of the ways we can improve our road system is to identify accountable
officers when injury or death occurs because of clear neglect in the proper
maintenance of the road and signage. Uneven road surface, potholes, open
manholes, defective traffic lights, missing traffic signs, illegal structures, and the like
have contributed much to road accidents which led to numerous injuries and
fatalities.

In our present law, local government units can be held accountable by virtue
of Section 24 of R.A. 7160 (Local Government Code), to wit:

“Sec. 24 — Liability for damages — Local government units and their officials
are not exempt from liability for death or injury to persons or damage to property.”

Article 2189 of the Civil Code is of the same tenor when it stated that:
“art. 2189, NCC - The local government unit is liable in damages for death

or injuries suffered by reason of the defective condition of roads, streets, bridges,
public buildings and other public works.”


It should be noted, however, that both provisions does not specify the
accountable officers in case of death or injury occasioned by the clear neglect in the
maintenance of safe road conditions and signage. Moreover, both speak of quasi-
delict damages. It is time that a law should be passed identifying the proper officials
that will be held accountable in case of nonfeasance that results in injury or death.
Such officials must be properly penalized with heavy fines and imprisonment. A
public office is a public trust, and those sleeping on the job must not be given a
mere slap on the wrist.

Considering the foregoing reasons, the passage of this bill is earnestly requested.

3% District, Province of Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS

First Regular Session
HOUSE BILL NO. __ 82?

Introduced by Honorable Aleta C. Suarez

AN ACT PENALIZING NONFEASANCE IN THE MAINTENANCE OF
ROAD CONDITIONS AND SIGNAGES

SECTION 1. Short Title. — This Act shall be known as the “Road
Condition and Signage Accountability Act”.

SECTION 2. Accountable Officers — The following officers shall be
responsible the proper maintenance of the road and road signs, respectively:

A District Engineer of the Department of Public Works and Highways
(DPWH): the proper National Road under his/her territorial
jurisdiction.

B. Provincial Engineer: provincial roads under his/her territorial
jurisdiction.

i City Engineer: city roads under his/her territorial jurisdiction.

D. Municipal Engineer: municipal roads under his/her territorial
jurisdiction.

SECTION 3. Penalty. — Whenever an injury or death occurs because of
Poor road conditions (such as, but not limited to: potholes, uneven road surface,
open manholes, illegal terminals, poor illumination, no illumination, _ illegal
constructions, construction without proper early warning devices) or lack or poor
maintenance of road signs (such as, but not limited to: lack or improperly
maintained traffic lights, lack or improperly maintained road signs), the accountable
officer enumerated in Section 2 of this Act shall be penalized with a fine not falling
below Five Hundred Thousand Pesos (PhP500,000.00) but shall not exceed Two
Million Pesos (PhP200,000.00). The accountable officer shall also be penalized with
imprisonment of not less than Two (2) years but shall not exceed Five (5) years.


SECTION 4. Separability Clause. — If any provision or part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SECTION 5. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule and regulation
contrary to or inconsistent with, the provisions of this Act is hereby repealed,
modified, or amended accordingly.

SECTION 6. Effectivity Clause. — This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.

Approved,