Republic of the Philippines

House of Representatives
Quezon City. Metro Manila

Nineteenth Congress

First Regular Session

"3366
0.

HOUSE BILL N

Introduced by Representative BONIFACIO LAQUI BOSITA

AN ACT
ENFORCING FAIR TRAFFIC APPREHENSION, GRANTING FOR
THE PURPOSE COMPENSATION TO DRIVERS OF MOTOR
VEHICLES FOR IMPROPER TRAFFIC APPREHENSION AND
IMPOSING ADMINISTRATIVE SANCTIONS FOR ERRING TRAFFIC
ENFORCEMENT PERSONEL

EXPLANATORY NOTE

This bill seeks to promote fair traffic apprehension by providing
compensation for motor vehicle drivers who are improperly apprehended for
tratfic violation and impose administrative sanctions against the erring traftic
enforcement personnel.

Being apprehended by a traffic enforcement personnel can sometimes be a
daunting experience especially if the apprehension was improperly made.
Improper traffic apprehension may be attributed to the existing ticketing quota
system, percentage on fines and penalties (10% - 20%) being given by some of
the Local Government Units (LGU) to its traffic enforcers and deputized
enforcers or simply the lack of necessary knowledge by some enforcers in the
implementation of traffic laws, rules or regulations, or by intent for personal

gains.


In cases of apprehension for traffic violations, drivers are given a remedy
to challenge or contest the same. A driver of motor vehicle who is improperly
apprehended by any traffic enforcement personnel or deputized enforcer may
contest the traffic apprehension before the traffic adjudication board of the
concerned traffic enforcement unit to which the traffic enforcer belongs.
However, most drivers do not rely on this system due to its long and tedious
process. Drivers, who are oftentimes under a “no-work, no pay” policy, have to
take a leave of absence from work to contest the improper apprehension. Even if
a favorable resolution on the contest has been issued by the traffic adjudication
board, the driver is still left aggrieved and distraught due to the following:

1. Though the traffic violation is cancelled, the improperly apprehended
drivers were aggravated and lost their precious time and income;

2. The lost income is usually higher than the imposable fine or penalty:

3. The drivers are not compensated for their income, incidental expenses
incurred due to contesting the improper traffic apprehension and mental
anguish or serious anxiety suffered; and

4. The erring traffic enforcement personnel are not held accountable for
their willfulness or negligence that caused the improper traffic
apprehension.

This system often leads to a difficult and an unfair situation on the part of
the contesting driver. While it is wrong and against the law to bribe or
intimidate an apprehending traffic enforcer, some hapless drivers resorted to the
same instead of resorting to legal means. Some even admitted the wrongful
traffic apprehension and pay the fine just to avoid the hassle, inconvenience and
cost of going through all the processes of contesting the same.

This bill aims to reasonably compensate, at least financially, the incidental
expenses incurred, and damages suffered by the drivers of improper traffic
apprehension while providing the guidelines for establishing the same. This bill
likewise proposes to create a drivers’ compensation fund which shall be sourced
from the collection of fines and penalties for all kinds of traffic violations and
impose administrative sanctions to the erring apprehending officer. Moreover,
this bill will deliver an impartial and objective venue for adjudication of
contested case by providing additional duties and responsibilities to the Traffic



Adjudication Board, promoting the rights of the improperly apprehended driver
for an impartial and orderly conduct of adjudication proceedings, provide a
venue where the driver can seek assistance from advocates such as the Road
Safety Advocates of the Philippines (RSAP) and other non-government
organizations duly registered with the Securities and Exchange Commission
(SEC), and provide administrative sanctions to erring hearing officers or
members of the traffic adjudication board who have shown partiality in
adjudicating contested cases. including the concerned officer of the traffic
enforcement authority or head of agency, bureau or office of the apprehending
traffic enforcer or deputized enforcer who failed to file the administrative case
against their erring traffic enforcement personnel or deputized enforcer. It will
also promote discipline on the roads and boost the reputation of traffic
enforcement units by producing responsible and accountable traffic enforcement
personnel.

Through this bill. the rights of the motor vehicle drivers will not only be
protected but will also keep the motorist and the riding public appease and safe
on the roads.

In view of the foregoing. the immediate passage of this bill is earnestly
sought.

‘ACIO LAQUI BOSITA


Nourona

Republic of the Philippines

House of Representatives
Quezon City. Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL No, 3386

Introduced by Representative BONIFACIO LAQUI BOSITA

AN ACT
ENFORCING FAIR TRAFFIC APPREHENSION, GRANTING FOR
THE PURPOSE COMPENSATION TO DRIVERS OF MOTOR
VEHICLES FOR IMPROPER TRAFFIC APPREHENSION AND
IMPOSING ADMINISTRATIVE SANCTIONS FOR ERRING TRAFFIC
ENFORCEMENT PERSONEL

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

SECTION 1. Short Title. — This Act shall be known as the “Fair Traffic
Apprehension Act.”

SEC. 2. Declaration of Policy. \t is the policy of the State to maintain

pei and order, promote
management system through efficient and fair implementation of traffic laws,
rules and regulations. Towards this end, the State shall protect the rights of

motor vehicle drivers, provide reasonable compensation to drivers who are


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improperly apprehended and impose administrative sanctions against erring
traffic enforcement personnel.

SEC. 3. Definition of Terms, — As used in this Act:

a. Driver refers to driver who is improperly apprehended:

bh. Traffic adjudication board refers 10 the office. division, bureau or
service of traffic enforcement authorities whose function is to
adjudicate contested and admitted apprehensions, including cases
under appeai or motion for reconsideration;

c. Traffic enforcement authorities refer to Land Transportation Office,
Metropolitan Manila Development Authority, |.and Transportation
Franchising and Regulatory Board and Local Government Units; and

d. Traffic enforcement personnel refers to traffic enforcers of traffic
enforcement authorities, including deputized police personnel and
other enforcers of different law enforcement agencies.

SEC. 4. Prescription and Burden of Proof. — Any driver of motor

vehicle apprehended by any traffic enforcement personnel may contest the

traffic apprehension before the traffic adjudication board of the traffic

enforcement authority to which the waffic enforcer belongs within sixty (

same,

days from the date of apprehension or discovery of th
The apprehending traffic enforcement personnel has the burden of proof

and shall prove before the traffic adjudication board that the driver has


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committed the alleged traffic violation through the presentation of evidence

apart from the usual self-serving testimony.

SEC. 5. Compensation. — Upon faiiure of the apprehending traffic
enforcement personnel to prove the traffic violation or upon proper showing by
the driver of sufficient evidence that the traffic apprehension is improper and
that there is no violation of any traffic laws, rules or regulations, the driver is
entitled to compensation. The traffic adjudication board of the concerned
traffic enforcement authority shaii inciude in its decision the award of
compensation to the complainant upon dismissing the contested traffic
apprehension

SEC. 6. Amount of Compensation. — The amount of compensation shall

include the incidental expenses incurred, moral damages suffered by the driver
and the rate of wage. Thus, the total compensation is three (3) times the amount
as may be computed as follows:

a. If employed. the compensation is equivalent to the amount of daily
wage multiplied by the number of times the driver took leave of
absence from work to contest the improper apprehension. The driver
must present a certificate of compensation as proof of the driver's
employment and daily wage; or

b. If unemployed, self-employed or with business. the compensation is

equivalent to the prevailing minimum wage in the locality where the

driver was apprehended multiplied by the number of times the driver


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appeared before the traffic adjudication board to contest the improper
apprehension. The driver must present a barangay certification or
other documents as proof that the driver is unemployed, self-
employed or with business.

It is understood that the period of contesting the improper traffic
apprehension starts from the filing of the protest up to the finality of the
decision or resolution.

SEC.7. Additional Compensation. — if the improper traffic apprehension
caused the impounding of the motor vehicle, the driver is entitled to an
additional compensation. regardless of ownership of the motor vehicle
impounded, equivalent to daily wage as provided in the preceding Section
multiplied by the number of wheels of the motor vehicle impounded and further
muitipiied by the number of days of impoundment.

The traffic enforcement authority shall also pay for the expenses incurred
for towing the motor vehicle. including the impound fee. if any. and the cost of
damage to, or missing parts of, the motor vehicle, if any, that ensued during the
impounding.

The traffic enforcement authority shali ensure that a Traffic Violation
Receipt (TVR), Ordinance Violation Receipt (OVR) or Impounding Receipt of
Motor Vehicle (IRMV) is issued to the driver of a towed motor vehicle. If
TVR, OVR or IRMV is not issued, the towing and impounding of the vehicle is

presumed to be improper and illegal. The driver of the improperly towed



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vehicle shall report the incident and the traffic enforcement authority that
accredited the erring towing companies shall immediately take the necessary
steps for the release and return of the motor vehicle and payment of
compensation to the driver.

SEC. 8. Drivers’ Compensation Fund. — All traffic enforcement
authorities shall establish a drivers’ compensation fund for the payment of
compensation to drivers and the same shall be sourced from the collection of
fines and penaities for traffic violations.

The traffic enforcement authority shall determine the amount that must
be set aside from the collection of fines and penalties for the drivers”
compensation fund. The traffic enforcement authority is authorized to maintain
the drivers’ compensation fund in an authorized government servicing or
depositary banks.

The traffic enforcement authority concerned shall release the
compensation within five (5) days from the finality of the decision and upon
compliance of the driver to the substantiation requirements.

If there is delay in the release of compensation, the driver shall further

receive an amount equivaient to the awarded compensation muitiplicd by the
number of days of delays.
SEC. 9. Duties of Traffic Adjudication Board. ~ \n addition to the

existing duties of the traffic adjudication board, the traffic adjudication board

shall:


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a. Provide advisory that the driver may seek legal assistance;

b. Explain the proceedings in a language that the driver understands;

c. Ensure an impartial, and orderiy conduct of the proceedings:

d. Allow the driver to bring not more than five (5) persons during the
hearing of the protest:

e. Record on video the proceedings and allow any person present in the
venue to record on video or live stream the proceedings and take
pictures for documentation and for purposes of transparency and
partiality;

f. Issue certificate of appearance and status of the protest without need
of request;

g. Submit a report or result of the investigation to the head of agency,
bureau or office of the erring traffic enforcement personnel, for
appropriate administrative action: and

h. Award the amount of compensation provided under Sections 6 and 7
of this Act if the case is dismissed.

SEC. 10. Rights of the Driver, — The driver is entitled to:

ice and Integrated Bar

a) Seck iegai assistance from Public Auorney’s
of the Philippines, if necessary;
b) Seek guidance and other form of assistance from advocate groups such

as the Road Safety Advocates of the Philippines (RSAP) and other


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non-government organizations duly registered = with — the
Securities and Exchange Commission (SEC);

c) Take photo or video to record or document the trafic apprehension
and use the photo or video as evidence before the traffic adjudication
board

d) Bring not more than five (5) persons during the hearing, including the
witnesses and lawyer, if any;

¢) Record on video or live stream the proceedings; and

f) Receive the amount of compensation as provided under Sections 6 and
7 of this Act

SEC. 11. Administrative Sanctions. — Any traffic enforcement personnel

who willfully or negligently caused the improper traffic apprehension shall be
heid administratively tiable. The concerned traific enforcement authority shali,
motu propio, file the appropriate administrative case against the erring traffic
enforcement personnel under existing civil service laws. rules and regulations

The head of agency, bureau or office of the deputized enforcer shall, upon

receipt of the report or result of the investigation that the deputized enforcer

wi y or negligentiy caused the improper waffic apprehension, likewise
immediately file the appropriate administrative case or disciplinary action
against the erring deputized enforcer.

The concerned officer of the traffic enforcement authority or head of

agency, bureau or office of the apprehending traffic enforcer, deputized police


of)

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personnel or enforcer who failed to file the administrative case against their
erring traffic enforcement personnel, deputized police personnel or enforcer
shail aiso be heid administratively liabie.

The hearing officer or member of the traffic adjudication board shall also
be held administratively liable if such officer or member has shown partiality in
adjudicating the contested case or failed to observe the duties and
responsibilities provided under Section 9 of this Act. The aggrieved party,
cither the driver or traffic enforcement personnel, may initiate the filing of
appropriate administrative case against the officer or member of the traffic
adjudication board

SEC. 12. Implementing Rules and Regulations. — Within sixty (60) days
from the effectivity of this Act, the Secretary of Transportation shall, in
coordination with the Secretary of interior and Locai Government, Assistant
Secretary of Land Transportation Office, and Chairpersons of the Metropolitan
Manila Development Authority and Land Transportation Franchising and
Regulatory Board, issue the necessary rules and regulations for the effective

implementation of this Act

>. 13. Repeating Ciause. — Ail iaws, executive orders, issuances, ruics
and regulations, or parts thereof inconsistent with the provisions of this Act are
repealed or modified accordingly

SEC. 14. Effectivity. — This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.


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Approved,