Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT 
PROVIDING MEASURES TO ENSURE PEDESTRIAN SAFETY AND CONVENIENCE AND 
PROVIDING PENALTIES FOR VIOLATIONS THEREOF 
EXPLANATORY NOTE 
Road traffic injuries kill an estimated 1.35 million people each year. In the Philippines, around 35 
road crash fatalities are happening per day or an estimated 12,690 fatalities in a year. Lately, 
there has been an increasing incidence of road traffic injuries involving children, with more than 
600 deaths from road crashes annually. 
Considering this, the government must adopt measures to ensure the safety of the public on 
roads. The State has already made progress in this arena with laws such as Republic Act No. 
4136 or "Land Transportation and Traffic Code"; Republic Act No. 8750, or the "Seat Belts Use 
Act of 1999"; Republic Act No. 10054, 6r the "Motorcycle Helmet Act of 2009", Republic Act No. 
10586, or the "Anti-Drunk and Drugged Driving Act of 2013"; Republic Act No. 10666, or the 
"Children's Safety on Motorcycles Act of 2015; Republic Act No. 10913, or the "Anti-Distracted 
Driving Act of  2016 and the recently passed Republic Act No. 11229, or the “Child Safety in Motor 
Vehicles Act of 2018”. While these are all laudable, there has yet to be a law directly protecting 
pedestrians or ordinary citizens who traverse public spaces, roads, and streets and declaring the 
duties of both pedestrians and motorists. 
In this light, this proposed measure enumerates the rights and duties of every pedestrian and 
provides for the penalties for its violation, both on the part of pedestrians and motorists. This 
measure likewise ensures that public roads and sidewalks are always free of obstructions and 
promote adherence to who has the right of way by established traffic rules and regulations.  
On behalf of the people of Parañaque City’s Second District, and for the common good of the 
Filipino people, the approval of the said measure is earnestly sought. 
REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 
September 15, 2022
11:06 am
4873


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT 
PROVIDING MEASURES TO ENSURE PEDESTRIAN SAFETY AND CONVENIENCE AND 
PROVIDING PENALTIES FOR VIOLATIONS THEREOF 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short 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 safe 
travel for both pedestrians and motorists. To this end, the State shall ensure that public roads 
and sidewalks are free of obstructions at all times and promote adherence to who has the right 
of way by established traffic rules and regulations.  
Sec. 3. Definition of Terms. – For this Act, the following terms are defined: 
a) Pedestrian lane or Crosswalk. – refers to (2,) That part of a public road at an intersection
included within the connections of the lateral lines of the sidewalks on opposite sides of
the highway, measured from the curbs or, in the absence of curbs, from the edges of the
traversable public road; or (b) Any portion of a public road at an intersection or elsewhere
distinctly indicated for pedestrian crossing by lines or other markings on the surface;
b) Pedestrian. – refers to a person on foot or light personal conveyance devices such as roller
skates, skateboards, and other similar means, other than bicycles and scooters and the
like. A pedestrian can also be a person with a disability using a tricycle, quadricycle, or
wheelchair for transportation;
c) Public Roads. – refers to all streets, roads, bridges, highways and other thoroughfares
constructed and maintained by the national government or by any local government unit;
Provided, That any road or sidewalk does not fall under this definition but which, upon a
determination by the appropriate local government unit, is deemed vital to pedestrian
access or safety, shall be deemed a public road or sidewalk for this Act;
4873


d) Sidewalks. – refers to all specific areas running parallel to both sides of a public road, with 
a width and elevation as may be deemed appropriate for safe and convenient pedestrian 
passage by the appropriate local government unit in consultation with the Department of 
Public Works and Highways (DPWH); Provided, That for public roads which, for reasons 
of lack of land area, easement or legal right protected by law, may not be provided with 
sidewalks, the appropriate local government unit shall designate passing lanes which may 
be lesser in dimension than regular sidewalks but which shall, in every case, be adequate 
for safe and convenient pedestrian passage; 
 
e) Obstruction. – refers to any structure, permanent or otherwise, movable or immovable, 
erected along, standing on, abutting, or in any manner impending safe and convenient 
passage through any public road or sidewalk shall be deemed an obstruction subject to 
summary abatement under this Act; Provided, That property of the government including 
structures erected or installed to regulate the flow of traffic shall not be deemed 
obstructions; 
 
f) Informal Settler Families -collectively referred to as "ISFs", refers to homeless families 
living in informal settlements, dangerous areas, and public spaces such as roads and 
sidewalks. 
 
Sec. 4. Rights and Duties of Pedestrians. – Pedestrians have the following rights and duties: 
 
a) Pedestrian crossing in general. 
 
1) 
Where sidewalks are provided, pedestrians shall unless required by other 
circumstances, walk along sidewalks. No pedestrian shall walk along and upon the 
portion of a public road paved for vehicular traffic; 
 
2) 
Where sidewalks are not provided, a pedestrian walking along and upon a public 
road shall when practicable, walk only on the shoulder on the left side of the roadway 
about the pedestrian's direction of travel, facing traffic that may approach from the 
opposite direction; 
 
3) 
No person upon roller skates, or riding in or using any coaster, toy, vehicle, or similar 
device, may go upon any public road except while crossing a street on a crosswalk; 
and, when so crossing, such person shall be granted all rights and shall be subject 
to all of the duties applicable to pedestrians; 
 
4) 
The driver of a vehicle at any crosswalk where a: sign so indicates shall stop and 
remain stopped to allow a pedestrian to cross a public road when the pedestrian is 
in a crosswalk or pedestrian lane or steps into the lane and is upon the half of the 
public road upon which the vehicle is traveling or when the pedestrian is approaching 
so closely from the opposite half of the roadway as to be in danger; 
 


5) 
When traffic control signals are not in place or operation and no sign indicates 
otherwise, the driver of the vehicle shall yield, slowing down or stopping if need be 
to so yielding, to a pedestrian crossing the road within a marked crosswalk or when 
the pedestrian is upon the half of the public road upon which the vehicle is traveling 
or when the pedestrian is approaching so closely from the opposite half of the public 
road as to be in danger; 
 
6) 
No pedestrian shall suddenly leave a curb or other place of safety and walk or run 
into the path of a vehicle that is so close that the driver can’t yield; 
 
7) 
When a vehicle is stopped at a crosswalk to permit a pedestrian to cross the public 
road, the driver of any other vehicle approaching from the rear shall not overtake 
and pass such stopped vehicle; 
 
8) 
A pedestrian may not cross an intersection diagonally except where and when the 
crossing is authorized by official traffic control devices; 
 
9) 
Where a sidewalk is provided and its use is practicable, it is unlawful for any 
pedestrian to walk along and upon an adjacent roadway; 
 
10) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along 
and upon a highway shall walk as near as practicable to an outside edge of the 
public road and, if on a two;-way public road, shall walk only on the left side of the 
road; 
 
11) Where an overhead pedestrian crossing or pedestrian tunnel is provided, 
pedestrians, other than PWDs and the elderly, shall make use of the overhead 
pedestrian crossing or the pedestrian tunnel; 
 
12) The driver of a public utility vehicle (PUV) must, at all times, load and unload 
passengers along the sidewalk in marked loading and unloading stops; and 
 
13) Notwithstanding other provisions of this section or local ordinances, a driver of a 
vehicle shall exercise due care to avoid colliding with a pedestrian, give warning by 
sounding the horn when necessary, and exercise proper caution on observing a child 
or any confused, incapacitated or intoxicated person. 
 
b) Pedestrian crossing by visually or mobility impaired pedestrians. 
 
1) 
When a pedestrian is trying to cross a public road· or highway, guided by a dog 
guide or carrying in a raised or extended position a cane or walking stick, an 
approaching driver is obliged to bring his vehicle to a full stop before arriving at such 
intersection or place of crossing and, before proceeding, shall take such precautions 
as may be necessary to avoid injuring such a pedestrian; and 
 


2) 
If a mobility impaired person, as when he/ she uses a guide dog or service animal, 
a walker, a crutch, an orthopedic cane, or a wheelchair, is in the process of crossing 
a roadway at an intersection, a driver approaching the intersection must stop before 
arriving at the intersection and take reasonable precautions to avoid injuring such a 
pedestrian. 
Sec. 5. Obstructions as nuisance per se. – All obstructions along public roads and sidewalks 
are hereby presumed or declared nuisances per se and, as such, are subject to summary 
abatement without the need for judicial proceedings; Provided, That temporary housing 
structures built along public roads and sidewalks during natural calamities shall not be declared 
nuisances per se until the lifting of the declaration of a state of calamity by the local government 
unit concen1ed; Provided, further, that the said temporary housing structures will not hamper or 
otherwise delay any government services during such calamities. 
 
Sec. 6. Summary Abatement. – All local government units other than barangays, are hereby 
authorized to summarily abate any obstruction found within their respective territorial 
jurisdictions: Provided, That where the obstruction is an ISF housing structure, its abatement 
shall be done in accordance with Section 28 and other relevant provisions of Republic Act No. 
7279, otherwise known as the "Urban Development and Housing Act"; Provided, further, That 
where the obstruction is immovable, permanent and claimed by any person to be his private 
property, its abatement shall be done only after a non-extendible five-day period from notice to 
such person of the intended abatement within which such person may show cause why the 
abatement should not ensue: Provided, finally, That where such a person files an action in any 
court against the intended abatement, he shall furnish a bond to the local government unit 
concerned, in an amount thrice the estimated value, if any, of the structure but in no case not 
less than Five Thousand Pesos (P5,ooo.oo), which bond shall be forfeited in the event the suit is 
found groundless. 
 
Sec. 7. Remedies to Compel Compliance. – Any person may file, without need to pay any 
bond or filing fee, a petition for mandamus directed against the appropriate 17 local government 
units to compel such unit to summarily abate any specified obstruction within its territorial 
jurisdiction: Provided, That such person has previously asked, in writing, the chief executive of 
the local government unit concerned, for such summary abatement and that said chief executive 
has not acted on the matter within fifteen (15) days from receipt thereof or has determined that 
summary abatement is not proper. 
 
If the local government unit has determined that summary abatement is not proper, any person 
may file the proper action in court respecting abatement of nuisance unless the petition for 
mandamus in the preceding paragraph has been filed, in which case, said petition shall proceed 
as an ordinary action for abatement of the nuisance. Said petition shall be without prejudice to 
and shall not affect any claim for damages as provided in Section 10 hereof. 
 
Sec.8. Penalties. –  
 
a) Persons found guilty of a violation of the rights and duties of pedestrians as enumerated 
in Section 4 hereof shall be penalized with a fine of not less than Three Thousand Pesos 
(P 3,000.00) but not more than Twenty Thousand Pesos (P 20,000.00) or imprisonment 


of not less than one (1) month but not more than six (6) months, or both at the discretion 
of the court; and 
 
b) The penalty contained herein is without prejudice to the award of damages to the 
aggrieved party, as may be proven during trial. The institution of a criminal action shall 
impliedly include the civil action: unless a separate civil action has been filed or a 
reservation for the filing of such action is made by the Rules of Court. 
Sec. 9. Duty of LGU and DPWH. – It shall be the duty of the LGU concerned and the DPWH 
to:  
 
a) Provide sidewalks on public roads within their jurisdiction for the use of pedestrians; 
Provided, That for public roads which, for reasons of lack of land area, easement, or legal 
right protected by law, sidewalks may not be provided, the appropriate LGU shall 
designate passing lanes which may be lesser in dimension than regular sidewalks but 
which shall, in every case, be adequate for safe and convenient pedestrian passage. The 
LGU and the DPWH shall ensure that such sidewalk is free of any obstruction which may 
endanger the safety of pedestrians or hamper free passage on the sidewalk; 
 
b) Ensure that marked and visible signage is posted and conspicuously placed to indicate 
ongoing construction activities or repair work along public roads or sidewalks. 
Sec. 10. Damages for Acts or Omissions Endangering Pedestrian Safety. – Any person 
who suffers damage to his person or property as a result of an act or omission by another which 
endangers pedestrian safety may file an action for damages against any juridical or natural person 
or local government unit responsible for such act or omission, including but not limited to the 
following acts or omissions resulting in damage: 
 
a) Failure to post a marked and visible sign indicating ongoing construction or repair work 
along a public road or sidewalk; 
 
b) Failure to obtain the permits from the appropriate local government agencies required in 
undertaking repair or construction work or in conducting any other activity requiring the 
use of a public road or sidewalk; 
 
c) Failure to cover or provide adequate coverage of any hole, ditch, or digging along a public 
road or sidewalk; 
 
d) Failure to put up or use adequate protective roofing above sidewalks or public roads 
adjacent to any construction repair site; 
 
e) Illegal parking of any vehicle along a public road or parking on a sidewalk; 
 
f) Destroying, removing, or in any manner tampering with any sign or notice indicating. an 
existing hazard to pedestrian safety or any lamp or lamppost illuminating a public road or 
sidewalk; 


 
g) Building or in any manner placing a connecting pipe or portion thereof on an elevated 
concrete or other c0nnecting material across or along a sidewalk; and 
 
 
h) Failure to act or perform adequate action by the local government unit concerned 
respecting the abatement of any obstruction within its territorial jurisdiction; Provided, 
That any person responsible for the construction or presence of any obstruction as defined 
in this Act shall, in addition to having such obstruction abated summarily, be liable for 
damages as provided in this Section; Provided, further, That where the person suffering 
damages is a disabled person, the award of exemplary or moral damages combined shall 
not be lower than Two Hundred Thousand Pesos (P 200,000.00): Provided, finally, That 
should death result from such act or omission, the liability shall not be lower than Three 
Hundred Thousand Pesos (P 300,000.00). 
Sec. 11. Dissemination of Information to the Public. – The provisions of this Act shall be 
disseminated widely to the public by the Department of Transportation (DOTr), DPWH, the 
Department of Interior and Local Government, and all local government units. 
 
Sec. 12. Implementing Rules and Regulations. – Within sixty (60) days from the approval 
of this Act, the DOTr and the DPWH, in consultation with the appropriate stakeholders and in 
coordination with different government agencies that regulate traffic shall promulgate the 
necessary rules and regulations to implement the provisions of this Act. 
 
Sec. 13. Repealing Clause. – All laws, executive orders, presidential decrees, presidential 
proclamations, letters of instruction, rules, and regulations, or parts thereof which are inconsistent 
with the provisions of this Act are hereby repealed or modified accordingly. 
 
Sec. 14. Separability Clause. – If any provision of this Act is declared unconstitutional or 
invalid, other parts or provisions hereof not affected shall continue to be in full force and effect.  
 
Sec. 15. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the 
Official Gazette or two (2) newspapers of general circulation in the Philippines. 
 
Approved,