TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
of tijf €•. i.fi'IP
25 AUG-5 P2:08
SENATE
S. No. 898
RKEIVtOSy.
Introduced by Senator Jinggoy Ejercito Estrada
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 PERSONNEL
EXPLANATORY NOTE
Road traffic law violations are a major road safety problem in many countries. 
In 2024, the Land Transportation Office recorded more than 639,OOO1 apprehensions 
for traffic violations, a 20.75% increase from the 529,439 motorists apprehended in 
2023.
Region IV-A which groups the provinces of Cavite, Laguna, Batangas, Rizal and 
Quezon registered the highest number of apprehensions, with 109,159 drivers caught 
violating traffic rules.
While it is important for the government to ensure road safety and enforce 
traffic rules and regulations to prevent accidents, contact-based apprehensions are 
typically associated with potential problems of corruption in that some traffic enforcers 
will erroneously apprehend a motorist sans a traffic violation. Worse, many traffic 
enforcers follow a "ticketing quota" that requires them to issue a certain amount of
1 Manalo, J. "LTO nets over 639,000 traffic rules violators in 2024," 3 Jan. 2025. Inquirer.net. 
https://newsinfo.inquirer.net/2021118/lto-nets-over-639000-traffic-rules-violators-in-2024


traffic violation tickets at a certain period and some local government units allegedly 
give incentives to regular or deputized traffic personnel when they meet a certain 
"quota" for traffic citation.
The motorist has no recourse but to pay the fine to skip the hassle of contesting 
the apprehension.
This measure seeks to promote fair traffic apprehension by compensating 
motorists found to be wrongfully apprehended and imposing administrative charges 
against the traffic personnel involved. Not only that, this will also instill discipline 
among traffic enforcers and mindful of their acts on motorists.
If passed into law, a drivers' compensation fund will be created, which shall be 
sourced from the collection of fines and penalties for all kinds of traffic violations, and 
administrative sanctions will be imposed on the erring apprehending officer.
In this light, the immediate passage of this bill is earnestly sought.
NGGOY EJERCITO ESTRADA


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
'sjC ..y'OBffitP of tiK :
25 l\UG -5 P2:08
SENATE 
S. No. 898
RlXEiVED B'V.
Introduced by Senator Jinggoy Ejercito Estrada
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 PERSONNEL
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the "Fair Traffic
2 
Apprehension Act".
3 
Sec. 2. Declaration of Policy. - It is the policy of the State to maintain
4 
peace and order, promote discipline on the roads, and improve the traffic
5 
management system through efficient and fair implementation of traffic laws,
6 
rules and regulations. Towards this end, the State shall protect the rights of motor
7 
vehicle drivers, provide reasonable compensation to drivers who are improperly
8 
apprehended and impose administrative sanctions against erring traffic enforcement
9 
personnel.
10 
Sec. 3. Definition of Terms. - As used in this Act:
11 
a) D/'/Ve/'refers to driver who is improperly apprehended;
12 
b) Traffic adjudication board refers to the office, division, bureau or service
13 
of traffic enforcement authorities whose function is to adjudicate contested
14 
and admitted apprehensions, including cases under appeal or motion for
15 
reconsideration;


1 
c) Traffic enforcement authorities refer 
to Land Transportation Office,
2 
Metropolitan Manila Development Authority, Land Transportation Franchising
3 
and Regulatory Board, and Local Government Units; and
4 
d) Traffic enforcement personnel refers 
to traffic enforcers of traffic
5 
enforcement authorities, including deputized police personnel and other
6 
enforcers of different law enforcement agencies.
7 
Sec. 4. Prescription and burden of proof - Any driver of motor vehicle
8 
apprehended by any traffic enforcement personnel may contest the traffic
9 
apprehension before the traffic adjudication board of the traffic enforcement
10 
authority to which the traffic enforcer belongs to within sixty (60) days from the
11 
date of apprehension or discovery of the same.
12 
The apprehending traffic enforcement personnel has the burden of proof
13 
and shall prove before the traffic adjudication board that the driver has
14 
committed the alleged traffic violation through the presentation of evidence apart
15 
from the usual testimony.
16 
Sec. 5. 
Compensation. - Upon failure 
of the apprehending traffic
17 
enforcement personnel to prove the traffic violation or upon proper showing by the
18 
driver of sufficient evidence that the traffic apprehension is improper and
19 
that there is no violation of any traffic laws, rules or regulations, the driver is entitled
20 
to compensation. The traffic 
adjudication board of the concerned traffic
21 
enforcement authority shall include in its decision the award or compensation to the
22 
complainant upon dismissing the contested traffic apprehension.
23 
Sec. 6. Amount of Compensation. — The amount of compensation shall
24 
include the incidental expenses incurred, moral damages suffered by the driver and
25 
the rate of wage. Thus, the total compensation is three (3) times the amount as may
26 
be computed as follows:
27 
a) If employed, the compensation is equivalent to the amount of daily wage
28 
multiplied by the number of times the driver took leave of absence from
29 
work to contest the improper apprehension. The driver must present a
30 
certificate of compensation as proof of the driver's employment and daily
31 
wage; or
32 
b) If unemployed, self-employed or with business, the compensation is


1 
equivalent to the prevailing minimum wage in the locality where the driver
2 
was apprehended multiplied by the number of times the driver appeared
3 
before the traffic adjudication board to contest the improper apprehension.
4 
The driver must present a barangay certification or other documents as
5 
proof that the driver is unemployed, self-employed or with business.
6 
It is understood that the period of contesting the improper traffic apprehension
7 
starts from the filing of the protest up to the finality of the decision or resolution.
8 
Sec. 7. Additional Compensation. - If the improper traffic apprehension caused
9 
the impounding of the motor vehicle, the driver is entitled to an additional
10 
compensation regardless of ownership of the motor vehicle impounded, equivalent to
11 
daily wage as provided in the preceding Section multiplied by the number of wheels
12 
of the motor vehicle impounded and further multiplied by the number of days of
13 
impoundment.
14 
The traffic enforcement authority shall also pay for the expenses incurred
15 
for towing the motor vehicle, including the impound fee, if any, and the cost of
16 
damage to, or missing parts of, the motor vehicle, if any, that ensued during the
17 
impounding.
18 
The traffic enforcement authority shall ensure that a Traffic Violation Receipt
19 
(TVR), Ordinance Violation Receipt (OVR) or Impounding Receipt of Motor Vehicle
20 
(IRMV) is issued to the driver of a towed motor vehicle. If TVR, OVR or IRMV is not
21 
issued, the towing and impounding of the vehicle is presumed to be improper and
22 
illegal. The driver of the improperly towed vehicle shall report the incident and the
23 
traffic enforcement authority that accredited the erring towing companies shall
24 
immediately take the necessary steps for the release and return of the motor
25 
vehicle and payment of compensation to the driver.
26 
Sec. 8. Drivers' Compensation Fund. - All traffic enforcement authorities shall
27 
establish a drivers' compensation fund for the payment of compensation to drivers
28 
and the same shall be sourced from the collection of fines and penalties for traffic
29 
violations.
30 
The traffic enforcement authority shall determine the amount that must be set
31 
aside from the collection of fines and penalties for the drivers' compensation fund.


1 
The traffic enforcement authority is authorized to maintain the drivers' compensation
2 
fund in an authorized government servicing or depository banks.
3 
The traffic enforcement authority concerned shall release the compensation
4 
within five (5) days from the finaiity of the decision and upon compliance of the driver
5 
to the substantiation requirements.
6 
If there is delay in the release of compensation, the driver shall further receive
7 
an amount equivalent to the awarded compensation multiplied by the number of days
8 
of delays.
9 
Sec. 9. Duties of the Traffic Adjudication Board. - In addition to the existing
10 
duties of the traffic adjudication board, the traffic adjudication board shall:
11 
a) Provide advisory that the driver may seek legal assistance;
12 
b) Explain the proceedings in a language that the driver understands;
13 
c) Ensure an impartial and orderly conduct of the proceedings;
14 
d) Allow the driver to bring not more than five (5) persons during the
15 
hearing of the protest;
16 
e) Record on video the proceedings and allow any person present in the
17 
venue to record on video or live stream the proceedings and take
18 
pictures for documentation 
and for purposes 
of transparency and
19 
impartiality;
20 
f) Issue certificate of appearance and status of the protest without need of
21 
request;
22 
g) Submit a report or result of the investigation to the head of agency,
23 
bureau or office of the erring traffic enforcement 
personnel, for
24 
appropriate administrative action; and
25 
h) Award the amount of compensation provided under Sections 6 and 7 of
26 
this Act if the case is dismissed.
27 
Sec. 10. Rights of the Driver. - The driver is entitled to;
28 
a) Seek legal assistance from Public Attorney's Office and Integrated Bar of
29 
the Philippines, if necessary;
30 
b) Seek guidance and other form of assistance from advocate groups and
31 
other non-government organizations duly registered with the Securities and
32 
Exchange Commission (SEC);


1 
c) Take photo or video to record or document the traffic apprehension
2 
and use the photo 
or video as evidence before the traffic adjudication
3 
board;
4 
d) Bring not more than five (5) persons during the hearing, including the
5 
witnesses and lawyer, if any; 
and
6 
e) Receive the amount of compensation as provided under Sections 6 and
7 
7 of this Act.
8 
Sec. 11. Administrative Sanctions. — Any traffic enforcement personnel who
9 
willfully or negligently caused the improper traffic apprehension shall be held
10 
administratively liable. The concerned traffic enforcement authority shall, motu
11 
proprio, file the appropriate administrative case against the erring traffic
12 
enforcement personnel under existing civil service laws, rules and regulations.
13 
The head of agency, bureau or office of the deputized enforcer shall, upon
14 
receipt of the report or result of the investigation that the deputized enforcer
15 
willfully or caused the improper traffic apprehension, likewise immediately file
16 
the appropriate administrative case or disciplinary action against the erring deputized
17 
enforcer.
18 
The concerned officer of the traffic enforcement authority or head of
19 
agency, bureau or office of the apprehending traffic enforcer, deputized police personnel
20 
or enforcer who failed to file the administrative case against their erring traffic
21 
enforcement personnel, deputized police personnel or enforcer shall also be held
22 
administratively liable.
23 
The hearing officer or member of the traffic adjudication board shall also be
24 
held administratively liable if such officer of men her has shown partiality in
25 
adjudicating the contested case or failed to observe the duties and responsibilities
26 
provider under Section 9 of this Act.
27 
The aggrieved party, either the driver or traffic enforcement personnel, may
28 
initiate the filing of appropriate administrative case against the officer or member of
29 
the traffic adjudication board.
30 
Sec. 12. Impiementing Ruies and Regulations. - Within sixty (60) days from the
31 
effectivity of this Act, the Secretary of Transportation shall, in coordination with the
32 
Secretary of Interior and Local Government, Assistant Secretary of Land


1 
Transportation Office, and Chairpersons of the Metropolitan Manila Development
2 
Authority Land Transportation Franchising and Regulatory Board, issue the necessary
3 
rules and regulations for the effective implementation of this Act.
4 
Sec. 13. Separability Clause. - If any provision or part of this Act is held invalid
5 
or unconstitutional, the remaining parts or provisions not affected shall remain in full
6 
force and effect.
7 
Sec. 14. Repealing Clause. - All laws, executive orders, issuances, rules and
8 
regulations, or parts thereof inconsistent with the provisions of this Act are repealed
9 
or modified accordingly.
10 
Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its
11 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,