EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
' 
c..
SENATE 
S.B. No. S
*19 
JUL 16 P2-42
*^51
RKi.,’ 
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INTRODUCED BY: SENATOR EMMANUEL D. PACQUIAO
AN ACT
INCREASING THE PENALTY FOR OVERLOADING OF PASSENGERS IN 
PUBLIC UTILITY VEHICLES AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Article 1733 of Republic Act No. 386, otherwise known as the Civil Code of the 
Philippines, provides that, “Common carriers, from the nature of their business and for reasons 
of public policy, are bound to observe extraordinary diligence in the vigilance over the goods 
and for the safety of the passengers transported by them, according to all circumstances of each
case.”
The same statute further imposes a stricter protection with respect to the carriage of 
passengers under Artiele 1755, which provides, “A common carrier is bound to carry 
passengers safely as far as human care and foresight can provide, using the utmost diligence of 
very cautious persons, with a due regard for all the circumstances.
Despite the stringent obligations imposed by law on common earners in order to ensure 
the safety and protection of the passengers, vehicular accidents continue to hound our streets 
and highways due to the remiss of public utility vehicles operators, owners, drivers, and
conductors.
The minibus that fell into a 100-feet ravine inNueva Ecija in early 2017, which claimed 
over 30 lives, is deemed as one of the deadliest erashes in the Philippines. It was discovered to 
be overloaded with passengers as it can only carry up to 45 passengers but was then actually 
carrying 77 persons. In the case of motorcycle accidents, the Motorcycle Development 
Program Participants Association (MDPPA) reported that one of the major causes of said 
accidents is the overloading of a motorcycle. It compromises the balance of a motorcycle, 
thereby causing accidents.
The penalty on overloading vehicles provided under Republic Act No. 4136, or the 
Land Transportation and Traffic Code, enacted in June 1964, is now outdated, hence, it must 
be reviewed.


This bill seeks to impose a stiffer penalty against overloaded vehicles to ensure the 
safety of the passengers and to increase the vigilance of common carriers in protecting the 
persons and goods on board.
In view of the foregoing, immediate passage of this bill is earnes^
EM M AN
QUIAO


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
. 
i 
' i C . i  I 
Oi *
SENATE 
S.B. No. 
5 5 1
•19 
JUL 16 ?7.'A2
r a c - ;.'.- j..
INTRODUCED BY: SENATOR EMMANUEL D. PACQUIAO
AN ACT
INCREASING THE PENALTY FOR OVERLOADING OF PASSENGERS IN 
PUBLIC UTILITY VEHICLES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled.
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SECTION 1. Short Title. - This Act shall be known as the “Anti-Overloading Act of 2019.”
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to ensure the 
safety and protection of all its citizens. It shall also ensure strict implementation of the law. 
Towards this end, the State shall establish pro-active measures for the prevention of road 
traffic fatalities and for maintenance of peace and order, and public safety.
SEC. 3. Definition of Terms.
a. Covered Vehicle refers to any motor vehicle considered as a public transport 
conveyance or common carrier duly registered with the Land Transportation Office 
and granted a franchise by the Land Transportation Franchising and Regulatory 
Board;
b. Overloading refers to the act of loading people over and above the registered 
carrying capacity of the covered vehicle;
c. Passenger refers to any person being transported and conveyed in and by a motor 
vehicle for transportation of people, including persons expressly authorized by law or 
by the vehicle’s operator or his agents.
SEC. 4. Prohibited Acts. It shall be unlawful for owners, operators, drivers, conductors and 
other persons responsible for the operation of any covered vehicle to load above their 
registered carrying capacity as determined by the Department of Transportation (DOTr).
In the determination of the registered carrying capacity, the DOTr shall consider the 
measured weight of a motor vehicle plus the maximum allowable carrying capacity in 
passenger. The registered carrying capacity shall reflect the seating and standing capacity of 
the motor vehicle.
SEC. 5. Penalties. Carrying passengers beyond the registered carrying capacity as 
determined by the DOTr shall be imposed the following penalties:


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a. For first offense, a fine in the amount of Fifty Thousand Pesos (Php 50,000) and 
suspension of the franchise and driver’s license of the driver;
b. For second offense, a fine in the amount of Two Hundred Fifty Thousand Pesos (Php 
250,000) and suspension of the franchise and driver's license of the driver;
c. For third offense, a fine of One Million Pesos (Php 1,000,000) and revocation of the 
franchise and driver's license of the driver.
In addition to the above penalties, if the act of overloading shall result in the death of 
any passenger of the covered vehicle, the penalty of prision correccional or an imprisonment 
of two (2) and one (1) day to six (6) years shall be imposed.
The imposition of the foregoing fines and penalties shall be without prejudice to any 
criminal action that may be instituted under existing laws, rules and regulations.
SEC. 6. SeparahiUty Clause. If any provision of this Act is held invalid or unconstitutional, 
other provisions not affected thereby shall continue to be in full force and effect.
SEC. 7. Repealing Clause. All laws, decrees, executive orders or parts thereof inconsistent 
with the provisions of this Act are hereby repealed, amended or modified accordingly.
SEC. 8. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in a national newspaper of general circulation.
Approved,