Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Second Regular Session

COMMITT!

E REPORT NO.

Submitted by the Committee on Transportation on

Re : House Bill No. E26

Recommending its approval in si ion of HB No. 2185, HB No. 2445, HB No.

HB No. 3554 and HB No. 5345

Sponsors: Representatives Roger G. Mercado, Mary Mitzi L. Cajayon, Lani Mercado-
Christopher S. Co, Romeo M, Acop and Ma, Theresa B. Bonoan-David

Mr. Speaker:

The Committee on Transportation to which were referred House Bill No. 2185
introduced by Representative Mary Mitzi L. Cajayon, entitled

“AN ACT PROHIBITING THE RIDING OR TRANSPORTING OF
CHILDREN NINE (9) YEARS OLD AND BELOW ON MOTORCYCLES AND
TRICYCLES ALONG HIGHWAYS”

House Bill No. 2445 introduced by Representative Lani Mercado-Revilla, entitled:

“AN ACT PROHIBITING THE RIDING OR TRANSPORTING OF
CHILDREN SEVEN YEARS OLD AND BELOW ON MOTORCYCLES
ALONG HIGHWAYS”

House Bill No. 3360 introduced by Representatives Christopher S. Co, Rodel M. Batocabe
and Alfredo A. Garbin, entitled:

“AN ACT PROHIBITING OVERLOADING AND THE RIDING OR
TRANSPORTING OF CHILDREN TWELVE YEARS OLD AND BELOW ON
MOTORCYCLES ALONG PUBLIC ROADS AND HIGHWAYS”

House Bill No. 3554 introduced by Representative Romeo M. Acop, entitled:

“AN ACT PROMIBITING THE TAKING OF CHILDREN BELOW NINE (9)
YEARS OF AGE AS CO-RIDERS IN A MOTORCYCLE, LIMITING THE
NUMBER OF ALLOWABLE RIDERS THEREOF, AND PROVIDING
PENALTIES THEREFOR”


and Hots Bill No. 5345 introduced by Representative Ma. Theresa B, Bonoan-David.
entitled .

_ “AN ACT PROHIBITING THE RIDING OR TRANSPORTING OF
CHILDREN TEN (10) YEARS AND BELOW ON MOTORCYCLES ALONG

HIGHWAYS”

has considered the same and recommends that the attached House Bill No.
5E26_ entitled:

TO SURE THE SAF
S AND FOR OTHER PURPO!

TY OF

“AN ACT PROVIDING MI
CHILDREN ABOARD MOTORC

HB No. 3360, HB No. 3554 and

be approved in substitution of HB No, 2185, HB No. 244
HB No. 5345 with Representatives Mary Mitzi [. Cajayon, Lani Mercado-Revill
Christopher S. Co, Rodel M. Batocabe. Alfredo A. Garbin, Jr., Romeo M. Acop, Ma. Theresa
B. Bonoan-David, Roger G. Mercado, Eleandro Jesus Madrona, Al Francis DC Bichara,
Philip A. Pichay, Eduardo R. Gullas and Randolph S. Ting as authors thereof.

ROGER G. MERCADO
Chairman
Committee on Transportation

THE HONORABLE
‘The Speaker
House of Representatives


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Cily

15* Congress
24 Regular Session

MINUTES OF THE MEETING OF THE COMMITTEE ON TRANSPORTATION HELD ON NOVEMB
ER
oH at i Sake AT CONFERENCE ROOMS 788, RVM BLDG, HOUSE OF REPRESENTATIVES,
Y

RESOURCE PERSONS :

Mr, Avelino Zepanta’- President and CEO, SeaAir
Mr. Virgilio Padua — PPA

‘Ally. Carmenez Cruz — PPA

Ms, Maria Hazel Acantilado - OSG

Ms, Ma. Cristina Navarro - OSG

Mr. Jose Claro Tesoro ~ CIAC

Atty. Marion Melodias ~ DOF

Mr. Virgilio Calag — MARINA

Mr. Vie suazo Jr— MARINA

Atty, Lope Feble - OROPHIL

Mr, Augusto Zamora - 7107 Island Cruise

Ms, Cherrylou Rodolfo, NCC-EDC

Mr. Esteban Tajantangit ill Chairman, 7107 Island Cruise
Mr, Nelson Ramirez — United Filipino Seafarers
Atty. Karen Malabanan ~ OSG

Atty. Mary Hazel Magaog ~ MNHPI

I CALL TO ORDER

The meeting was called to order at around 9:30 in the morning with Rep. Eleandro Jesus Mardona,
Senior Vice Chairman of the Committee, as presiding Chair.

M. ROLL CALL AND APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

The calling of the roll was dispensed with on the motion of Rep. Acop. He subsequently moved for the
approval of the minutes of the previous meeting which the Committee likewise approved

til. ACKNOWLEDGMENT OF GUESTS.

The presiding Chair proceeded by acknowledging the presence of the resource persons who honored
the invitation of the Committee.

IV. PRELIMINARY REMARKS BY THE CHAIRMAN
Rep. Madrona gave the group an overview of what was in the agenda for the day's meeting. He said

that before the Committee were two (2) proposed substitute bills which were submitted by the technical
working groups (TWG} for consideration and approval of the Mother Committee.


‘ Motu Proprio inquiry was also set to determine the issues surrounding the seizure and detention of
the MPV 7107 Islands Cruise Ship. The investigation will aid the Committee in determining the adequacy
of policies and laws on marine vessel importation, registration and taxation

v. MEETING PROPER.

SUBSTITUTE HOUSE BILL, ENTITLED: “AN ACT PROVIDING MEASURES TO ENSURE
3 E THE
SAFETY OF CHILDREN ABOARD MOTORCYCLES, AND FOR OTHER PURPOSES”

Presiding Chair Madrona presented the draft substitute bill for House Bill Nos. 2185, 2445, 3360 and
5345 authored by authored by Reps. Cajayon, Mercado-Revilla, Co, Batocabe, Garbin, Acop, Bonoan-
David, Roger Mercado, Madrona, Bichara and Pichay, respectively. After careful consideration of the
proposed substitute bill upon motion of Rep. Tieng, duly seconded by Rep. Gullas, the draft bill in
substitution of the above mentioned measures was approved.

Reps. Gullas and Ting signified their intention to be co-authors of said measure.

SUBSTITUTE HOUSE BILL, ENTITLED: “AN ACT PROVIDING FOR THE FURTHER
LIBERALIZATION OF THE COMMERCIAL AVIATION INDUSTRY OF THE PHILIPPINES BY
ALIGNING EXISTING POLICIES, RULES AND REGULATIONS”

Before acting on the motion of Rep. Gullas to approve the proposed substitute bill for House Bill Nos.
1352, 1601 and HR No. 1143, 1143 authored by Reps. Enerio-Cerilles, Gatchalian, Castelo, Olivarez,
Calixto-Rubiano, Ceratica, Zamora Apsay, Hataman-Saliman, Unabia, Garcia-Albano, Herrera-Dy and
Asilo, respectively, certain amendments were agreed upon.

Under the first paragraph of Section 4, the word "secondary" be deleted in the same manner as the
second sentence of subparagraph (f) of the substitute bill.

Thereafter, subject to the additional comments submitted by the office of Congresswoman Lani
Mercado on both measures and agreed upon by the members, the proposed substitute bills were
unanimously approved by the Body.

MOTU PROPRIO INQUIRY INTO THE PRESENT STATE OF MIV 7107 ISLANDS CRUISE AND THE
ISSUES SURROUNDING ITS SEIZURE AND DETENTION

The inquiry was centered on the status of the M/\V 7101 Islands Cruise, formerly known as Mi’ Coco
Explorer 2, which was seized and detained on March 4, 2008 by the Run Against The Smugglers
(RATS) Group on the alleged non-payment of import duties and taxes, and illegal entry

As alleged by the partes, the vessel of Panamian flag was brought to the Philippines to be sold after its
repair and conversion to Philippine registry.

The documents submitted would reveal that before the case was elevated to the Courl of Tax Appeals
(CTA), the seizure and detention of the vessel had been questioned in several instances. On May 23,
2008, Horacio Suansing, Customs Collector of the Port of Manila, lifted the Seizure and Detention
Order of RATS and ordered the release of the vessel. The decision was affirmed by Bureau of
Customs (BOC} Commissioner Napoleon Morales on August 21, 2008. Undersecretary Estela V. Sales
of the Department of Finance (DOF), in her decision dated September 17, 2008, reversed the decisions
of the Customs Collector and the BOC Commissioner.



The parties involved, including the government agencies concemed, stood firm with their respective
positions. Ir. Augusto Zamora, citing the decision of the Customs Collector, maintained that the
seizure of the vessel had no basis and argued that taxes and duties could only be collected upon ils
registration with Maritime Industry Authority (MARINA.

Citing as basis the decision of Undersecretary Seles, the DOF maintained that there was already a
perfected sale by virtue of the Memorandum of Agreement dated September 4, 2007 between CC
Marine AVS, the owner of the ship, and the buyer, Mr. Esteban Tajanlangit. According to the DOF, the
vessel was the arlicle itself and its entry in the Philippine territory gave rise to an obligation to pay
duties and taxes. Mr. Tajanlangit argued that what happened in Thailand was a mere inspection and
no agreement was made in terms of the price of the vessel. The DOF assailed that when the vessel
entered the Philippines, some documentary requirements are lacking aside from the belated filing of
entry

Before importation and registration could take place, according to MARINA, the ship should first comply
with seaworthiness requirement upon inspection by the agency.

In the course of the inquiry, it was revealed that the claimant's motion for the release of the vessel on
bond was denied by the Court of Tax Appeals.

Before the Chair terminated the inquiry, the Chair deemed it appropriate that pending the decision to be
issued by the Court of Tax Appeals on the case, the inquiry on the matter would be held in abeyance by

the Committee. He directed the DOF to submit to the Committee a copy of the MOA for the guidance of
the members.

Vi. ADJOURNMENT

‘There being no other item to be discussed, the meeting was adjourned at around 12:15 PM.

‘hereby certify to the correctness of the foregoing,

Prepared by

Asulh Ge

Committee Secretary

proved by :
LG i
ROGER G. MERCADO
Committee Chairman



£ 5€26
FACT SHEET

In substitution of House Bill Nos. 2185, 2445, 3360, 3554 and 5345
(As approved on 29 November 2011)

AN ACT PROVIDING MEASURES TO ENSURE THE SAFETY
OF
CHILDREN ABOARD MOTORCYCLES AND FOR OTHER PURPOSES

Introduced by: REPS. MITCH L. CAJAYON, LANI MERCADO-REVILLA,
CHRISTOPHER S. CO, RODEL M. BATOCABE, ALFREDO A. GARBIN, JR., ROMEO
M. ACOP, MA. THERESA B. BONOAN-DAVID, ROGER G. MERCADO, ELEANDRO

JESUS MADRONA, AL FRANCIS DC BICHARA AND PHILIP A. PICHAY

Committee Referral: TRANSPORTATION
Committee Chairperson: Hon. Roger G. Mercado

OBJECTIVES:

* To ensure road safety, especially for children, by regulating the operation of
motorcycles along highways and roads

KEY PROVISIONS:

+ Proposes to prohibit any person from transporting children below the age of ten
(10) on a motorcycle along highways unless: (a) The child is wearing a standard
protective helmet referred under R. A, No. 10054, otherwise known as “The
Motorcycle Helmet Act of 2009”; (b) the feet of the child can comfortably reach the
footrests of the motorcycle; (c) the arms of the child can reach around and grasp
the waist of the motorcycle driver

«Seeks to limit the number of motorcycle passengers to two (2), including the driver,
except in remote areas wherein the child to be transported is requiring immediate
medical treatment.

* Proposes to penalize violators the amount an amount not exceeding Throe
Thousand Pesos (P3,000.00) for the first offense, Five Thousand Pesos
(P5,000.00) for the second offense and Ten Thousand Pesos (P10,000.00) for the
third and succeeding offenses. For the second and third offense, the driver's
license of the offender shall be suspended for a period of one (1) month. Violation
beyond the third time shall result to automatic revocation of offender's driver's
license

Provides for qualifying circumstances wherein if in violation of the provisions of this
proposed measure, death have resulted or serious or less serious injuries have
been inflicted upon the child or any other person, a penalty of one (1) year
imprisonment will be imposed on the driver or operator of the motorcycle involved
in addition to the penalties provided under RA 3815 or the Revised Penal Code, as
amended, for the crime of reckless imprudence or negligence resulting to homicide
or physical injuries of whatever nature.


Deputizes members of the Philippine National Police (PNP), the Metro Manila
Development Authority (MMDA) and the local government units (LGUs) to carry out
the enforcement functions and duties of the Land Transportation Office (LTO).

Provides for a public information campaign to be conducted by the LTO in
coordination with PIA, DepEd and other concerned organizations and agencies not
more than thirty (30) days following the promulgation of the IRR of this proposed
measure.

RELATED LAWS:

RA 3815 - Revised Penal Code
RA 10054 - The Philippine Helmet Act


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Republic of the Philippine
+ HOUSE OF REPRESED
Quezon City

VES.

Fifteenth Congress
Second Regul:

HOUSE BIL

(Un substitution of HB Nos, 2185, 2445, 3360, 3554 and 5345)

Introduced by Representatives Mitzi L. Cajayon, lereado-Revilla,
Christopher S. Co, Rodel M. Batocahe. Alfredo A. Garbin, Jr., Romeo M. Acop, Ma
Theresa B. Bonoan-David, Roger G. Mercado, Lleandro Jesus Madrona, Al Francis
DC Bichara, Philip A. Pichay, Fduardo R. Gulls and Randolph S. ling

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

PROVIDING MEASUR' ILDREN

ABOARD MOTORCYCLI

© THE SAFETY 0}
'S, AND FOR OTHER PURPOSES

ECTLON 1. Short Title. - This Act shall be known
‘for Children Act of 2011.”

is the "Motor

le Safery

See. 2. Declaration of Policy. - It is hereby declared the policy of the State to
maintain at all times the safety and protection of the commuting public, especially
children.

Towards this end, it shall pursue a more proactive and preventive approach to
secure the safety of passengers. especially children, at all times by regulating the
operation of motoreycles along highways and roads.

See. 3. Prohibition. It shall be unlawful for any person to transport a chile

below ten (10) years old on a motorcycle along roads and highways, Provided: That, a

child ten (10) years of age and above may only be transported aboard a motorcycle if:

(a) he or she is wearing a standard protective helmet referred under Republic

Act No, 10054. otherwise known as “The Motorcycle Helmet Act of 2009":

(b) the feet of the child can comfortably reach the footrest of the motorcycle:
and
(c) the ams of the child cam reach around and grasp the waist of the

motorcycle driver.


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eananuw

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A motoreyele shall mean any two-wheeled motor vehicle having one or two

riding saddles.

See. 4. Limitation on the Number of Passenges

— Ne motoreyele shail carry
more than two (2) passengers. including the driver, while operating on a road or
highway cxcept in remote areas where a child to be transported requires immediate

medical treatment and in an emergency situation.

See. 5. Penalties. — Any person who operates a motore

le in violation of

Section 3 of this Act shall be fined with an amount not exceeding Three Thousand
Pesos (P3.000.00) for the first offense: Vive Thousand Pesos (P5,000.00) for the

second offense and‘

en Thousand Pesos (P10,000,00) for the third and succeeding
offenses,

The same penalty shall be imposed upon the driver who operates a motoreyele

in violation of $

ction 4 hereof: Provided. That for the second and third offense, the

driver's license of the offender shall be suspended for a period of one (1) month,

‘Violation of these provisions beyond the third time shall result 10 automatic

revocation of offender's driver's license,

See. 6. Qualifving Circumstances. If, in violation of the provisions of this

ve resulted of serious or less

Act, death shall

jous injuries shall have been
inflicted upon the child or any other person. a penalty of one (I) year imprisonment

of the motorcycle involved in addition to

shall be imposed upon the driver or oper

the penalties provided under Republic Aci No. 3815, otherwise known as “The

Revised Penal Code”, as amended, for the crime of reckless imprudence or negligence

resultii ical ies of whatever nature.

‘0 homicide or phy

See. 7. Depulation of Traffic Enforcers and Local Government Units (LGUs)

~ To eflectively implement the provisions of this Act, the Land ‘Transportation Ollice

(LTO) is hereby given the authority to deputize inembers of the Philippine National

Police (PNP), the Metropolitan Manila Development Authority (MMDA) and the

local government units (LGUs) to carry out enforcement functions and duties
See. 8. Implementing Rules and Regutations (RR). — As the lead implementor
of this Act, the LTO shall formulate the implementing rules and regulations of this Act

alter its effecti

within ninety (90) day
See. 9. Public Information Campaign. — Not later than thirty 30) days
following the promulgation of the IRR of this Act, the LO, in coordination with the

Philippine Information Agency (PIA). the Department of Lducation (DepEd) and


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concemed private organizations and agencies, shall undertake a nationwide

information and education campaign for a

period of three (3) months for the
attainment of the objectives of this Act.

See. 10. Separability Clause. — If for any reason any section or provision of
this Act is declared unconstitutional, other provisions hereof which are not affected
thereby shall remain in full force and effect

Sec. 11. Repealing Clause. — All laws. decrees, or rules and regulations, or any
provision thereof, which are inconsistent with or contrary to the provisions of this Act

are hereby amended or repealed accord

See. 12. Effeettvity Clause. - This Act shall take effect upon its publication in
1

ulation.

at least (wo (2) national newspapers of genet

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Fifteenth Congress

First Regular Session

HOUSE BILLNO.__2185

Introduced by: Hon. MARY MITZI “MITCH” L. CAJAYON

EXPLANATORY NOTE

According to ‘A Study on Development Local Public Transport Policy: The Case of
Tricycles and “Habal-habal” in Davao City Philippines’ by Marie Danielle Guillen
(University of Tsukuba), motorcycle-propelled vehicles in the form of tricycles has
gained popular acceptance as a legitimate form of public transport.

It has been proffered that while it is “a valid mode for transportation and accessibility it is
not, however, technically designed for public transportation.” Hence, the use of
motorcycle-based public transport has raised concerns related to public safety. Easily, the
issue is that motorcycles, tricycles and other similar modes of transportation are
considered dangerous to the general riding public, especially children.

‘The same study, as well as common experience, indicates that “due to design and speed
limitations compared with other motorized vehicles, there are contentions that tricycles
are susceptible to accident.”

It has been found that in 2002, motorcycle and tricycle related accidents comprised 12%
of the total vehicular accidents. The study notes that, “the seriousness of accident
involving tricycles plying on provincial roads cannot be taken for granted as highlighted
in news reports. Such as, in Laguna, southern part of Metro Manila, one died and four
others were seriously wounded in a road mishap involving tricycles. In the Ilocos,
Luzon’s northern part, road accidents killed five and injured two more, one involving a
tricycle that was sideswiped by a bus on national highway and the other involved a
motorcycle bumped by a southward car.”

This bill proposes to preclude the transporting of children on motorcycles and tricycles
along highways consistent with the doctrine of parens patriae which is “a concept of
standing utilized to protect quasi-sovereign interests, such as ‘health, comfort, and
welfare’ of the people,” when such interests are threatened and state government
intervention may be needed [Gibbs v. Titelman, 369 F. Supp. 38, 54 (E.D. Pa. 1973)]. It
has also been legally acknowledged that one of the more common situations where there
may be threatened interests requiring state intervention involves the interests of minors
and others of legal incapacity.

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

MARY MITZI “Mitch” L. CAJAYON


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Fifteenth Congress

First Regular Session

HOUSE BILL NO. 2185

Introduced by: Hon. MARY MITZI “MITCH” L. CAJAYON

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

AN ACT
PROHIBITING THE RIDING OR TRANSPORTING OF CHILDREN NINE (9)
YEARS OLD AND BELOW ON MOTORCYCLES AND TRICYLCES ALONG
HIGHWAYS

SECTION 1. Short Title. - This Act shall be known as the "Motorcycle Safety Act for
Children.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to
maintain at all times the safety and protection of children from the ruinous and extremely
injurious effects of fatal or life threatening accidents and crashes. Towards this end, it
shall pursue a more proactive and preventive approach to secure the safety of child
passengers at all times through the mandatory enforcement of the restriction on the riding
r transporting of children on motorcycles and tricycles along highways.

SECTION 3. Definitions. - For purposes of this Act, the following terms shall mean:

(A) Motorcycle - any two-wheeled vehicle such as motorcycles, scooters, motorcycles for
hire or “habal-habal” and “skylab” and the like;

(B) Highways and National Highways - roads designated by the government or local
government units as highways or national highways;

(©) Tricycle - a motor vehicle composed of motorcycle fitted with a single wheel sidecar
or with a two-wheelcab operated as a public transport for a fee.

SECTION 4. Prohibition ~ It shall be unlawful for any person to transport a child nine
(9) years old and below on a motorcycle or tricycle along the national highway or
highway. Provided, however, that a child may be allowed to be transported on a tricycle
only if he/she is safely seated in the side car.

SECTION 5. Exception — Provinces, cities and municipalities wherein there is no
considerable vehicular traffic and where motorcycles are the only means of transportation
are hereby exempted from the provisions of this Act.

SECTION 6. Penalties. - Any violation of this Act shall be punished as follows: The first
time offender shall be fined with an amount not exceeding P3,000.00; P5,000.00 for
the second offense and PI0,000.00 for the third and succeeding offenses.


SECTION 7. Implementing Rules and Regulations - As the lead agency, the Land
Transportation Office (LTO) shall formulate the Implementing Rules and Regulations
(IRR) of this Act within ninety (90) days after its effectivity.

SECTION 8. Separability Clause - If for any reason any section or provision of this Act
is declared unconstitutional, other provisions hereof which are not affected thereby shall
continue to be in full force and effect.

SECTION 9. Repealing Clause. - Any laws, decrees, or rules and regulations which are
inconsistent with or contray to the provisions of this Act are hereby amended or repealed.

SECTION 10. Effectivity Clause. - This Act shall take effect upon its publication in at
least two (2) national newspapers of general circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNo.__2445

Introduced by HONORABLE LANI MERCADO-REVILLA

EXPLANATORY NOTE

‘The State, exercising its power of parens patriae, may step into the shoes of natural
parents to safeguard any child or incapacitated and dependent person ot a physically challenged
individual in need of protection against danger, risk of their lives and limbs.

Taking a child for a motoreyele ride can be a scary proposition, Recent incidents have
occurred where children were severely injured while riding on a motorcycle. This is because,
unlike adults, children lack the development skills to pay attention and properly secure
themselves while riding a motorcyle.

It’s a known fact that kids are more excitable and have the tendency to move more than
an adult passenger. They may even play games by sticking their hands out in the wind while
riding a motorcycle. Moreover, they generally want to talk and move more than an adult
passenger.

Likewise, the steady rumble of the motor can have a tendency to lull passengers to sleep.
With adults, this usually does not present much of a problem since it would be harder for them to
fall off. But with children, it is a completely different situation. Because of their size. there is
generally more room for them between the rider and the sissy bar and if they fall asleep. there is
greater chance for them to flop over to one side or another. When this happens, there is an
increased chance for children to fall off the motorcycle.

This bill secks to supplement Republic Act 10054, which was enacted last March 23,
2010, which mandates all motorcycles riders to wear standard quality helmet while driving. This
bill is consistent with the policy to provide safety measures to all riders and passengers,
particularly the children passengers aboard motorcycles.

Hence, passage of this bill is camnestly sought.

REP. & MERCADO-REVILLA

2" District, Cavite



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
st Regular Session

2445

HOUSE BILL NO.

Introduced by HONORABLE LANI MERCADO-REVILLA

AN ACT
PROHIBIT! THE RIDING OR TRANSPORTING OF CHILDREN SEVEN YEARS.
OLD AND BELOW ON MOTORCYCLES ALONG HIGHWAYS

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 "Motorcycle Safety Act for
Children of 2010".

SECTION 2. Declaration of Policy. - The State recognizes its role to maintain at all
times the safety and protection of children.

SECTION 3. Definitions. - Vor purposes of this Act, the following terms shall mean:

@ Motoreyele — any two-wheeled vehicle such as motorcycles, scooters and the
like
(B) Highways and National Highways — roads designated by the government or

local government units as highways or national highways

SECTION 4. Prohibition — Any person is prohibited to transport a child seven (7) years
old and below on a motorcycle along the national highway or highway.

SECTION 5. Exception — However, exceptions may be made in provinces wherein there
is no considerable vehicular traffic and where motorcycles are the only means of transportation.

SECTION 6. Penalties. — Any violation of this Act shall be punished as follows:

The first time offender shall be fined with an amount not exceeding P3,000.00; for
second time offenders the fine shall be P5.000.00 and for the third and succeeding offenses, the
fine shall be P10,000.00.

SECTION 7. Implementing Rules and Regulations — As the lead agency, the Land
Transportation Office (LTO) shall formulate the Implementing Rules and Regulations (IRR) of
this Act within ninety (90) days after its effect



SECTION 8. Separability Clause — If for any reason any section or provision of this Act
is declared unconstitutional, other provisions hereof which are not effected thereby shall
continue to be in full force and effect.

SECTION 9. Repealing Clause. — Any laws, decrees, or rules and regulations which are
inconsistent with or contrary to the provisions of this Act are hereby amended or repealed.

SECTION 10. Effectivity Clause. — This Act shall take effect upon its publication in at
least two (2) national newspapers of general circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
First Regular Session
FIFTEENTH CONGRESS

House Bill No. 8360

Introduced by Hon. Christopher S. Co, Rodel M. Batocabe and Alfredo A, Garbin, Jr.
EXPLANATORY NOTE

This bill seeks to probibit overloading in motorcycles and limiting allowed
motorcycle passengers to those who are not minors aged 12 and below.

With the rising prices of petroleum and traffic congestion comes the increase in
the purchase of motorcycles, 2 convenient, efficient vehicle designed to evade traffic and
save fuel. The Congress as responded timely to this demand by enacting Republic Act
no, 10054, entitled the “Motorcycle Helmet Act of 2009,” which mandated the use of
quality helmets for both drivers and passengers.

However, the Metropolitan Manila Development Authority (MMDA) reported
last June 2010 that there was a substantial increase of motorcycle accidents in 2009. One
reason for this is the uncontrolled overloading of motorcycles, and the more dangerous
habit of the riding of infants and toddlers with their parents. The Bureau of Product
Standards (BPS) at this time does not prescribe motoreycie helmets for toddlers and
infants. They ride motorcycles unprotected, usually snuggled in between their parents, or
with the mother passenger tucking her baby in the arm. This habit of motorcycle riding
presents a very dangerous situation that endangers the lives of the children and other
passengers.

Moreover, motorcycles are made to accommodate only two persons, the driver
and one passenger, However, it has become a custom, albeit a dangerous one, for drivers
to accommodate their whole families, or even utilize their motorcycles for public
transportation, such as in the case of the habal-habal, which accommodates around six
(6) passengers.

The passage of this bill will significantly lessen the dangers imposed by

motorcycle overloading, and protect the i Of children through the proper state
intervention, Passage of this bill is immediately sought.

Hon. ‘OPHER S.CO

Hon. Rt SainewcrocKial Hon. ALFREDO/A. GARBIN, Jr.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

Second Regular Session
FIFTEENTH CONGRESS

House Bill No. 3360

Introduced by Hon. Christopher S. Co, Redel M. Batocabe and Alfredo A. Garbin,
cin

AN ACT
PROHIBITING OVERLOADING AND THE RIDING OR TRANSPORTING OF
CHILDREN TWELVE YEARS OLD AND BELGW ON MOTORCYCLES
ALONG PUBLIC ROADS AND HIGHWAYS

te it enacted by th and the He Rey a *hilippines in
congress assembled:

SECTION 1. Title. This Act shall be known as the “Motorcycle Anti-Overloading Act of
2010.”

SEC. 2. Overloading. It shall be unlawful for any person to ride or drive an overloaded
motorcycle, whether long or short drives, in any type of road or highway. Overloading
shall be defined as the act of having three (3) or more riders riding any motorcycle along
public roads or highways. Riders shall include the driver and his/her passengers.

SEC. 3. Minors. It shall be unlawfal for any person to transport a child twelve (12) years
old and below on a motorcycle along all public roads and highways.

SEC. 4, Penalties.

(@) Any person caught riding or driving an overloaded motorcycle, whether long or
short drives, in any type of road or highway shall be punished with a fine of Five
Thousand Pesos (Php 5,000.00) for the first offense, Ten Thousand Pesos (Php
10,000.00) for the second offense and Fifteen Thousand Pesos (Php 15,000.00)
plus confiscation of the driver’s license for the third and succeeding offenses;

(®) Any person caught transporting 2 minor twelve (12) years old and below on a
motorcycle, whether long or short drives, in any type of road or highway shall be
punished with a fine of Five Thousand Pesos (Php 5,000.00) for the first offense,
Ten Thousand Pesos (Php 10,000.00) for the second offense and Fifteen
‘Thousand Pesos (Php 15,000.00) plus confiscation of the driver’s license for the
third and succeeding offenses;


SEC. 5. Nationwide Public Information Campaign. The LTO, in coordination with the
Philippine Information Agency (PIA), the Department of Education (DepEd) and private
agencies and organizations, shall undertake a nationwide information, education and
communication (IEC) campaign for a period of six (6) months for the attainment of the
objectives of this Act.

SEC. 6. 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. 7. Repealing Clause. All laws, presidential decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SEC. 8, Effectivity. This Act shall take effect fifteen (15) days after its publication in two
newspapers of general circulation. Penalties stated in Section 4 of this Act shall take
effect one (1) day after the deadline of the first period of registration and renewal of
registration after the effectivity of this Act.

Approved,


Republic of the Pintippines
Bouse of Representatives:
Quejon City, Metro Manila

Fifteenth Congress

First Regular Session

House Bill No. 3554

Introduced byHON. ROMEO M. ACOP

AN ACT
PROHIBITING THE TAKING OF CHILDREN BELOW NINE (3) YEARS OF AGE AS
CO-RIDERS IN A MOTORCYCLE, LIMITING THE NUMBER OF ALLOWABLE
RIDERS THEREOF, AND PROVIDING PENALTIES THEREFOR

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

SECTION 1. - Declaration of Policy - It is hereby declared the policy of the State to protect
the children from becoming victims of fatal or injurious accidents and crashes as a consequence
of riding in a motorcycle considering their physical frailty and ability to secure themselves along
the ride and to impress upon motorcycling parents, guardians and adults in general the
responsibility of determining the prudence and safety of having children to ride with
them.Furthermore, the State shall ensure the safety of motorists through the imposition of
allowable number of riders in a motorcycle with respect to the nature of the motorcycle as a
vehicle, its operation and‘the circumstances of riding peculiar to it correlative to the risk of
accidents and crashes occurring involving it


SECTION 2. - Prohibited Act - No person while in operation of a motorcycle shall take a
child below nine (8) years of age as a co-rider with him in the same motor vehicle; Provided
thal, if a child co-riding in the motorcycle is nine (9) years old or above, the person in operation
of the motorcycle must carry with him a copy of the child’s duly issued Birth Certificate clearly
indicating the child's date of birth; Provided further, that the prohibition shall not apply in the
case of tricycle drivers.

SECTION 3. - Limitation on the Number of Allowable Riders - No person in operation of a
motorcycle shall take with him more than one (1) co-rider. Provided that, that the limitation shall
not apply in the case of tricycle drivers

SECTION 4. - Penalties -For purposes of this Act. the foliowing penalties shall be imposed

a) For violation of Section 2 of this Act, a fine of Ten ‘Thousand Pesos (P 10,000.00 ) on
the driver cr operator of the motorcycle and the impounding of the motorcycle unit
involved.

b) For violation of Section 3 of this Act, a fine of Five Thousand Pesos ( P 5,000.00 ) on
the driver or operator of the motorcycle, and Three Thousand Pesos (P 3,000.00 ) on
each of his co-rider or passenger

SECTION 5. - Qualifying Circumstance - {i in the commission of the violation of this Act
the motorcycle used is involved in an accident or crash resulting to serious or less serious
injuries or death to the child or any other co-passenger or rider. the penalty of imprisonment of
one (1) year shall also be imposed on the driver or operator of the motorcycle involved

SECTION 6. - Implementing Rules and Regulations - Within thirty (30) days from the
effectivity of this Act, the Department of Transportation and Communication (QOTC), with the
Land Transportation Office (LTO), shall promulgate the pertinent rules and regulations for the
effective implementation of this Act

SECTION 7. - Public Information Campaign - Within thirty (30) days from the promulgation
of the Implementing Rules and Regulations of this Act, and for a period of six (6) months
therafrom, the LTO, in coordination with the Philippine Information Agency (PIA), the
Department of Education (DepEd) and private orgcnizations and agencies, shall undertake a
nationwide information and education campaign for the attainment of the objectives of this Act.

SECTION 8. - SeparabilityClause - \f any provision or part of this Act is held invalid or
unconstitutional, the remainder of this Act or the provisions not othenwise affected shall remain
valid and subsisting.


SECTION 9. - Repealing Clause - All laws, decrees, orders, rules and regulations. or parts
thereof, inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

SECTION 10. - EffectivityClause -This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved.


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES }
Second Regular Session )

HOUSE of REPRESENTATIVES |

House Bil'No, _ 53

Introduced by: MA. THERESA B. BONOAN-DAVID
4% District, City of Manila

EXPLANATORY NOTE

During these times of rising oil prices and worsening traffic problems, many of
our countrymen and women are now using motorcycles as their primary means of
transport. These vehicles are easier to maneuver during heavy traffic and are more
fuel-efficient than cars. However, motorcycles are considered high-risk vehicles, both
with respect to drivers thereof and other motorists.

In invoking its power of parens patriae, the State may exercise its authority to
usurp the rights of the natural parent or guardian and to act as parent of any child or
individual, or an incapacitated and dependent person who is in need of protection
against danger, risk of their lives and limbs.

Recent incidents have occurred where children were severely injured while
riding on a motorcycle. These children lack the development skills to pay attention
and properly secure themselves while riding.

This bill seeks to prohibit any person to transport a child three (3) years old and
below on motorcycle along the national highway or highway. This is consistent with
our advocacy to provide safety measures to all riders and passengers and avoid injury
or fatality especially for children on motorcycles.

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

MA. THERESA BONOAN-DAVID
4th District, City of Manila


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES }
Second Regular Session )

nous eee

Introduced by: MA. THERESA B. BONOAN-DAVID
4% District, City of Manila

AN ACT PROHIBITING THE RIDING OR TRANSPORTING
OF CHILDREN TEN (10) YEARS OLD AND BELOW
ON MOTORCYCLES ALONG HIGHWAYS

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

SECTION 1. Short Title. - ‘This Act shall be known as "Motorcycle Safely Act for
Children”

SECTION 2. Declaration of Policy. - The State recognizes its role to maintain at all
times the safety and protection of children.

SECTION 3. Definitions, - For purposes of this Act, the following terms shall mean:

(A) Motorcycle. - any two-wheeled vehicle such as motorcycles, scooters and
the like;

{B) Highways and National Highways - roads designated by the government
or local government units as highways or national highways;

SECTION 4. Prohibition -For any person to transport a child three (3) years old and
below on motorcycle along the national highway or highway.

SECTION 5. Exception - Exceptions may be made in provinces wherein there is no
considerable vehicular traffic and where motorcycles are the only means of
transportation.


SECTION 6. Penaities. - Any violation of this Act shall be punished as follows:
The first time offender shall be fined with an amount not exceeding P5,000.00;
P8,000.00 for the second offense and P10,000.00 for the third and succeeding offenses.

SECTION 7. Implementing Rules and Regulations - As the lead agency, the Land
Transportation Office (LTO) shall formulate the Implementing Rules and Regulations
(RR) of this Act within ninety (90) days after its effectivity.

SECTION 8. Repealing Clause. - Alt laws, presidential decrees, executive orders,
proclamations, rules and regulations, or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SECTION 9. Separability Clause. . If any provision of this Act is declared
unconstitutional, the other provisions not affected thereby shail remain valid.

SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) newspapers of general.

Approved.