Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS,

First Regular Session

House Bill No. 4670

Introduced by Representative Jose Enrique S. Garcia Ill

EXPLANATORY NOTE

Initiatives to address the worsening transport crisis tend to dominate the public
discourse and remedial measures proposed are primarily centered on alleviating the plight
of motorists and commuters. Conveniently sidelined in the race to identify and propose
solutions to the traffic problem are the pedestrians whose protection appear to be
neglected and whose safety, when compromised on any road, are merely relegated as
ordinary traffic incidents.

The root causes of road traffic deaths and injuries are often overshadowed by the
growing conundrum of vehicular traffic. Measures to effectively address road traffic deaths
injuries have not been seriously considered and pushed with steadfastness. As a
result, deaths and injuries associated with road traffic continued to rise and has reached
alarming levels in recent years.

In its Global Status Report on Road Safety released in 2018, the World Health
Organization (WHO) reported that road traffic deaths continue to rise in the Philippines,
with an estimated 12,690 deaths in 2016. About half of the number of road traffic deaths
involved vulnerable road users such as motorcyclists, cyclists and pedestrians."

The WHO considers road traffic injuries as major but neglected public health
challenge. It underscores that unsafe road traffic systems are seriously harming global
public health and development. It contends that the level of road traffic injury is
unacceptable but it is largely avoidable.

Indeed, a serious effort to put in place an effective and sustainable prevention
measure is now imperative. This effort can commence by enhancing our archaic traffic
laws, according paramount consideration to the protection and safety of pedestrians,
penalizing any person who violates the traffic laws, and mandating the training of
violators.

:/Inews.abs-cbn. ews
who-report (date last accessed: August 6, 2019).
2 7 i vention/ \d_traffic/world reportien/ (date
last accessed: August 6, 2019).



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Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4670

AN ACT
STRENGTHENING THE PROTECTION AND SAFETY OF PEDESTRIANS,
FURTHER AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 4136, AS
AMENDED, OTHERWISE KNOWN AS THE LAND TRANSPORTATION AND
TRAFFIC CODE, AND FOR OTHER PURPOSES

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

SECTION 1. Title. - This Act shall be known as the “Pedestrian Safety
Act.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State
to provide and ensure safe and convenient pedestrian travel and access, whether
by foot, wheelchair, walker, stroller or any other similar means. To this end, the
State shall provide convenient and safe passage for pedestrians on and across all
streets and highways, and reduce pedestrian fatalities and injuries.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms
shall be understood as follows:

(a) Crosswalk is that part of the roadway set aside for pedestrian traffic;

(b) Intersection is any place where one line of roadway meets another
roadway. Intersections include cross streets, side streets, alleys, freeway
entrances, and any other location where vehicles traveling on different highways
or roads join each other;

(c) Pedestrian is a person on foot or who uses a conveyance such as roller
skates, skateboard, wheelchair, etc., other than a bicycle.

SEC. 4. Right-of-Way of Pedestrians. - A new Article of the Land


1 Transportation and Traffic Code, as amended, is hereby added after Article III to
2 read as follows:

3 ARTICLE III-A

.

RIGHTS-OF-WAY OF PEDESTRIANS.

“SEC. 44-A. RIGHT-OF-WAY OF PEDESTRIANS. - (A) THE
DRIVER OF A VEHICLE SHALL YIELD THE RIGHT-OF-WAY TO A
PEDESTRIAN CROSSING THE ROADWAY WITHIN ANY MARKED
CROSSWALK OR WITHIN ANY UNMARKED CROSSWALK AT AN
INTERSECTION, EXCEPT AS OTHERWISE PROVIDED IN THIS
10 SECTION.

wear].

1 “(B) THE DRIVER OF A VEHICLE APPROACHING A
n PEDESTRIAN WITHIN ANY MARKED OR UNMARKED
123 CROSSWALK SHALL EXERCISE ALL DUE CARE AND SHALL
4 REDUCE THE SPEED OF THE VEHICLE OR TAKE ANY OTHER
1s ACTION RELATING TO THE OPERATION OF THE VEHICLE AS
16 NECESSARY TO ENSURE THE SAFETY OF THE PEDESTRIAN.

7 “(C) NOTWITHSTANDING THE PROVISION OF ANY LAW TO.
18 THE CONTRARY, THIS SECTION SHALL NOT RELIEVE:

19 “4. A PEDESTRIAN FROM USING DUE CARE FOR HIS OR
20 HER SAFETY. NO PEDESTRIAN SHALL SUDDENLY LEAVE A
21 CURB OR OTHER PLACE OF SAFETY AND WALK OR RUN INTO.
22 THE PATH OF A VEHICLE THAT IS SO CLOSE AS TO
23 CONSTITUTE AN IMMEDIATE HAZARD. NO PEDESTRIAN SHALL
24 ALSO UNNECESSARILY STOP OR DELAY TRAFFIC WHILE IN A
25 MARKED OR UNMARKED CROSSWALK; AND

26 “2. A DRIVER OF A VEHICLE FROM THE DUTY OF
27 EXERCISING DUE CARE FOR THE SAFETY OF ANY
28 PEDESTRIAN WITHIN ANY MARKED CROSSWALK OR WITHIN
29 ANY UNMARKED CROSSWALK AT AN INTERSECTION.

30 “SEC. 44-B. REMOVAL OF CROSSWALKS. - (A) AN
31 EXISTING MARKED CROSSWALK MAY NOT BE REMOVED
32 UNLESS NOTICE AND OPPORTUNITY TO BE HEARD IS
33 PROVIDED TO THE PUBLIC NOT LESS THAN THIRTY (30) DAYS
34 PRIOR TO THE SCHEDULED DATE OF REMOVAL. IN ADDITION
35 TO ANY OTHER PUBLIC NOTICE REQUIREMENTS, THE NOTICE
36 OF PROPOSED REMOVAL SHALL BE POSTED AT THE
37 CROSSWALK IDENTIFIED FOR REMOVAL.

38 “(B) THE NOTICE REQUIRED BY SUBSECTION (A) ABOVE


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SHALL INCLUDE, BUT NOT BE LIMITED TO, NOTIFICATION TO
THE PUBLIC OF THE FOLLOWING:

“1, THAT THE PUBLIC MAY PROVIDE COMMENTS OR
INPUTS RELATING TO THE SCHEDULED REMOVAL; AND

“2. THE FORM AND MANNER OF PROVIDING THE
COMMENTS OR INPUTS AUTHORIZED UNDER PARAGRAPH (1)
ABOVE.

“SEC. 44-C. PROHIBITED OVERTAKING AT
INTERSECTIONS. - WHENEVER ANY VEHICLE HAS STOPPED
AT MARKED CROSSWALK OR AT ANY UNMARKED
CROSSWALK AT AN INTERSECTION TO PERMIT A PEDESTRIAN
TO CROSS THE ROADWAY, THE DRIVER OF ANY OTHER
VEHICLE APPROACHING FROM THE REAR SHALL NOT
OVERTAKE AND PASS THE STOPPED VEHICLE.

“SEC. 44-D. DRIVING OVER SIDEWALKS. - THE DRIVER OF
ANY MOTOR VEHICLE, PRIOR TO DRIVING OVER OR UPON ANY
SIDEWALK, SHALL YIELD THE RIGHT-OF-WAY TO ANY
PEDESTRIAN APPROACHING THEREON.

“SEC. 44-E. UNDERPASS AND OVERPASS. - WHENEVER
ANY PEDESTRIAN CROSSES A ROADWAY OTHER THAN BY
MEANS OF A PEDESTRIAN TUNNEL OR OVERHEAD
PEDESTRIAN CROSSING, IF A PEDESTRIAN TUNNEL OR
OVERHEAD CROSSING SERVES THE PLACE WHERE THE
PEDESTRIAN IS CROSSING THE ROADWAY, SUCH PEDESTRIAN
SHALL YIELD THE RIGHT-OF-WAY TO ALL VEHICLES ON THE
ROADWAY SO NEAR AS TO CONSTITUTE AN IMMEDIATE
HAZARD.

“THE PROVISION OF ANY LAW TO THE CONTRARY
NOTWITHSTANDING, THIS SECTION SHALL NOT BE TAKEN AS
A PROHIBITION AGAINST THE PROVISION OF CROSSWALKS
WHERE A PEDESTRIAN TUNNEL OR OVERHEAD CROSSING
EXISTS, SHOULD PUBLIC NECESSITY AND SAFETY DICTATE.

“SEC. 44-F. INSTANCES WHERE PEDESTRIANS SHALL
YIELD TO VEHICLES. - EVERY PEDESTRIAN UPON A ROADWAY
AT ANY POINT OTHER THAN WITHIN A MARKED CROSSWALK
OR WITHIN AN UNMARKED CROSSWALK AT AN INTERSECTION
SHALL YIELD THE RIGHT-OF-WAY TO ALL VEHICLES UPON THE
ROADWAY SO NEAR AS TO CONSTITUTE AN IMMEDIATE
HAZARD: PROVIDED, THAT, THE DRIVER OF A VEHICLE SHALL


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CONTINUE TO EXERCISE DUE CARE FOR THE SAFETY OF ANY
PEDESTRIAN UPON A ROADWAY.

“SEC. 44-G. CROSSING ON CROSSWALKS. - BETWEEN
ADJACENT INTERSECTIONS CONTROLLED BY TRAFFIC
CONTROL SIGNAL DEVICES OR BY POLICE OFFICERS OR
TRAFFIC ENFORCERS, PEDESTRIANS SHALL NOT CROSS THE
ROADWAY AT ANY PLACE EXCEPT IN A CROSSWALK.

“SEC. 44-H. ROADWAYS. - (A) NO PEDESTRIAN MAY WALK
UPON ANY ROADWAY OUTSIDE OF A BUSINESS OR
RESIDENTIAL DISTRICT OTHER THAN CLOSE TO HIS OR HER
LEFT-HAND EDGE OF THE ROADWAY.

“(B) A PEDESTRIAN MAY WALK CLOSE TO HIS OR HER
RIGHT-HAND EDGE OF THE ROADWAY IF A CROSSWALK OR
OTHER MEANS OF SAFETY CROSSING THE ROADWAY IS NOT
AVAILABLE OR IF EXISTING TRAFFIC OR OTHER CONDITIONS
WOULD COMPROMISE THE SAFETY OF A PEDESTRIAN
ATTEMPTING TO CROSS THE ROAD.

“SEC. 44-1. SOLICITATION OF RIDES. - NO PERSON SHALL
STAND IN A ROADWAY WHICH IS NOT AN AUTHORIZED
LOADING AND UNLOADING ZONE FOR THE PURPOSE OF
SOLICITING A RIDE FROM THE DRIVER OF ANY VEHICLE.

“SEC. 44-J. PENALTIES. - (A) THE DRIVER OF A VEHICLE
THAT VIOLATES THE PROVISIONS OF THIS ACT SHALL BE
PUNISHED BY A FINE RANGING FROM PHP2,000.00 TO
PHP20,000.00;

“(B) A PEDESTRIAN FOUND TO BE VIOLATING THE
PROVISIONS OF THIS ACT SHALL BE PUNISHED BY A FINE
RANGING FROM PHP1,000.00 TO PHP10,000.00.

“THE FINES IMPOSED HEREIN SHALL BE WITHOUT
PREJUDICE TO ANY OTHER CRIMINAL, CIVIL, OR
ADMINISTRATIVE CASE THAT MAY BE FILED AGAINST THE
OFFENDER.

“SEC. 44-K. TRAINING WITH TESDA. —- ANY PERSON WHO
HAS VIOLATED THE PROVISIONS OF THIS ACT SHALL, IN
ADDITION TO THE PENALTIES PRESCRIBED IN SECTION 44-J,
BE REQUIRED TO UNDERGO THE APPROPRIATE TRAINING OR
REFRESHER COURSE WITH THE TECHNICAL EDUCATION AND
SKILLS DEVELOPMENT AUTHORITY (TESDA).”


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SEC. 5. No Contact Apprehension. - To ensure the documentation of
violations, the apprehension of offenders, and the imposition of the appropriate
penalties provided under this Act even in the absence of traffic enforcers or police
officers onsite, closed-circuit television (CCTV) systems shall be installed at
crosswalks, intersections, and such portions of roadways as may be deemed
necessary for the proper monitoring of motorists and pedestrians. For this
Purpose, the installation and maintenance of CCTV systems shall be the
responsibility of the Department of Public Works and Highways (DPWH), for
national roads; and the local government units (LGUs), for provincial, municipal,
and barangay roads. Provided, That LGUs may enter into Public-Private
Partnership Agreements for the installation and operation CCTV systems in their
respective jurisdictions subject to their compliance with the provisions of Republic
Act (RA) No. 6957, as amended by RA No. 7718, and its Implementing Rules and
Regulations.

The procedure for issuing citations for violations and enforcement of
penalties shall be provided in the rules and regulations implementing the
provisions of this Act.

SEC. 6. Information Campaign. ~ The Department of Transportation (DOTr)
shall conduct sustained information and education drives aimed at enhancing
pedestrian and driver education.

The DOTr and the Land Transportation Office shall also closely coordinate
with the TESDA for the establishment of a training program for drivers and
pedestrians consistent with the provisions of this Act.

SEC. 7. Funding. — The funds necessary for the initial implementation of
this Act shall be charged against the current appropriation of the DOTr. Thereafter,
such amount as may be necessary for the continued implementation of this Act
shall be included in the annual budget of the DOTr under the General
Appropriations Act.

SEC. 8. Implementing Rules and Regulations. — The DOTr, in consultation
with the appropriate stakeholders and in coordination with the relevant government
agencies that regulate traffic, shall promulgate the implementing rules and
regulations within sixty (60) days from the effectivity this Act.

SEC. 9. Separability Clause — If, for any reason, any part or provision of this
Act is declared invalid or unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect.

SEC. 10. Repealing Clause — Section 42(c) of Republic Act No. 4136,
otherwise known as the Land Transportation and Traffic Code, as amended, is
hereby repealed. All other laws, presidential decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby


1 repealed or modified accordingly.

2 SEC. 11. Effectivity — This Act shall take effect fifteen (15) days after its
3 publication in the Official Gazette, or in a newspaper of general circulation.

Approved.