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Nineteenth Congress
Second Regular Session
H®trsEBILLNO.9138
Introduced by Representative Jefferson F. Khonghun
EXPLANATORY NOTE
During the Seventeenth Congress, Representatives Rodolfo C. Farnias,
Pantaleon D. Alvarez, Rolando G. Andaya, JR. , Michael John R. Duavit, Carlos
0. Cojuanco, Elisa T. Kho, Raneo E.Abu, Benhur L. Salimbangon, Kalro Alexei
a. Nograles, Danilo E. Suarez and Rodel M. Batocabe filed House Bill No.152,
seeking "to protect the ordinary Filipino,  the "un-vehicled" urban poor who
merely rely on public transport in the course of earning their living.  These
people are the pedestrians, the daily commuters, transport-based earners and
innocent  by-standers  who  are  exposed  to  the  hazards  of reckless  driving
perpetrated by driver(s) of private motor vehicle(s) as well as public transport
systems." Unfortunately, this did not pass into law.
The apparent flaw in our legal  system  stays undisturbed,  and more
often than not, the outcome of a civil or criminal proceeding of such nature
remains   to   be   an   empty   victory   for   the   aggrieved   party.   It   remains
discretionary,  not mandatory,  for  the  court to  hold  the vehicle  trt oustoc!€a
Zegis, or require the owner or operator of the vehicle to post a cash bond. Re-
submitting this measure is important to correct this practice.
This proposed measure will not make it mandatory for the courts to
hold the subject vehicle as it will render the vehicle useless overtime. Instead,
what will be mandatory is to post a cash bond, not surety bond, while the trial
is pending to ensure satisfaction of any award for da
Therefore, the passage of this bill is therefo
HON. .EFFE
1st Di
stly sought.
ON F. KHONGHUN
of Zambales


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Nineteenth Congress
Second Regular Session
HdisEBELLNo.9138
Introduced by Representative Jefferson F. Khonghun
AI ACT REQulREG THE IMpouNDING oF MOTOR veHlcLEs lrvoLveD IN A
veHlcuLAR INclDENT THAT REstTLTED IN THE DEATH OR sERIOus
pHyslcAI INdnyRT OF A PEDBSTRIAN., COMMUTER OR By- STAIDER,
UHLESS A CASH BOHD IS POSTEI)
Br:A:±nreonca.ctne.d.ab¥ht,kA. Serute and the H0use Of Represeutcrf u)es Of the Philippines in
Congress assembled:
SECTIOH  I. The provisions of any law to the contrary notwithstanding, any
motorvehiclewhichdirectlyfiguredinavehicularincidentthatresultedinthedeath
or serious physical injury of a pedestrian,  commuter,  or by-stander who is not a
passenger of such vehicle(s), shall be held in custodia legis pending the outcome of
anycriminalorcivflproceedingasaresultofthesameincident,unlessthedriver(s),
owner(s) or operator(s) of the vehicle(s)  sham post a cash bond in the amount of at
leastThreeHundredThousandPesos(Php300,000.00)assecurityforthesatisfaction
of any monetary judgement that may be rendered by the court.
SECTIOH   2.   The  other  pertinent  provisions  of  Republic  Act  No.   3815,
otherwise as the Revised Penal Code, and other laws, rules and regulations which
ae inconsistent with this law are hereby repealed or amended accordingly.
SECTIOH   3.   This   Law  shah   take   effect  fifteen   (15)   days   fouowing  its
publication in a newspaper of general circulation.
Approved,