THIRTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES } 
First Regular Session 
1 
n 
S E N A T E  
79 
S.B. NO. __ 
INTRODUCED BY HON. MANUEL B.VILLAR JR. 
EXPLANATORYNOTE 
Apart from serving as an alternative and faster means of transporting 
commuters and goods to their destination, efficient railway systems contribute directly 
to national development by facilitating trade and commerce. 
National development however, also entails construction of roads. It is 
inevitable that in building roads, some of it would have to cross railroad tracks. The 
Engineering Department of the Philippine National Railways accounts more than 400 
existing roads crossing the 474-kilometer railroad tracks headed south. With the 
growing number of railroad crossings, the Philippine National Railways is not able to 
absolutely prevent railroad accidents. The absence of watch keepers and safety 
railroad bars in most railroad crossing has resulted to 758 accidents recorded from 
1985 to July 2002. 
The charter of the PNR does not expressly provide for an authority to restrain 
or prohibit construction of railroad crossings. It is therefore, the sentiment of the PNR 
that since they are without authority to prohibit or restrain construction of railroad 
crossings, it is but proper that entities which build them should be responsible for 
installing safety bars and for deploying watch keepers. 
It would be interesting to recall that on the first part of the century, the 
prestigious Manila Railroad enjoyed full and free control of their tracks without man- 
made interference or obstruction. 
By the second half, cities, municipalities, 
barangays, and even private corporations have built roads crossing railroad tracks. 
Thus, the trains in Metro Manila today run at turtle’s pace compared to the LRT or the 
MRT which run unimpeded and without delay. In the near future, provincial areas will 
experience a similar plight. 
This bill therefore, seeks to ensure the unobstructed and free passageway of 
trains to ensure the safety of both the riding public and the people passing the roads 
crossing railroad tracks. It also seeks to address the predicament of those exposed to 
risks and hazards of railroad mishaps. With the passage of this measure, victims of 
railroad accidents may seek recovery for damages they may sustain. It mandates local 
government units, instrumentalities, agencies and persons that build or have built 
road passages on railroad crossings to exercise due diligence in ensuring that railroad 
accidents are prevented and make them liable in case of their negligence. 


The vital role of the railways system in national development compels to enact a 
law to protect commuters and promote their convenience. 
In view of the foregoing, passage of this bill is earnestly requested. 
MANUE!L B. VI 
Senat 


THIRTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
1 st Regular Session 
1 
S E N A T E  
S.B. No. 
INTRODUCED BY HON. MANUEL B. VILLAR, JR, 
AN ACT 
ENSURING 
SAFETY OF PERSONS AND 
PROPERTY 
ALONG 
ROAD 
PASSAGES CROSSING RAILROAD TRACKS, PROVIDING LIABILITIES FOR 
DAMAGES THEREON, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Declaration of Policy. - It is hereby declared the policy of 
the State to provide for a safe and convenient railways system to facilitate trade 
and commerce. 
Toward this end, the concerned local government unit, 
agencies, or persons, whether natural or juridical, shall ensure the safety of the 
people and property along road passages crossing the railroad tracks of the 
Philippine National Railways (PNR) , 
SEC. 2. ControZ or Supervision. - Provinces, cities, municipalities, 
barangays, agencies, or persons, natural or juridical, that construct or build or 
have built road passages crossing railroad tracks shall exercise control or 
supervision over said road passages within their territorial jurisdiction by 
ensuring the free and safe passage of trains and unimpeded train operations. 
SEC. 3. 
Liability for damages. - Provinces, cities, municipalities, 
barangays, agencies or persons, natural or juridical who shall construct or have 
constructed road passages crossing railroad tracks shall be liable for any death 
or injury to persons or damage to property arising from train operations 
occurring at their controlled or supervised road passages. 
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SEC. 4. 
InstaZZation of crossing bars - In coordination with the 
Philippine National Railways, provinces, cities, municipalities, barangays, 
agencies or persons concerned shall deploy crossing keepers and install 
crossing bars for effective implementation of this Act. 
SEC. 5. 
Non-exemption from liability. - Nothing in this Act shall 
exempt locomotive drivers from liability, civil or criminal, who by reason of their 
negligence, resulted to the damage, injury or death. 
SEC. 6. 
SeparabiZity CZause. - If any provision or part of this Act 
is declared unconstitutional, such declaration of unconstitutionality will not 
affect the other provisions of this Act. 
SEC. 7. 
Repeazing CZause. - All laws, decrees, executive orders, 
rules and regulations and other issuances inconsistent with this Act are hereby 
repealed or modified accordingly. 
SEC. 8. 
Effectiuity. - This Act shall take effect fifteen (15) days 
following its publication either in the official gazette or in a newspaper of 
general circulation in the Philippines. 
Adopted, 
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