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Republic of the Philippines Sy Ei

HOUSE OF REPRESENTATIVES F pared 6 DEC 204
Quezon City

SIXTEENTH CONGRESS
First Regular Session

3616

HOUSE BILL NO.

Introduced by Hon. Jerry P. Treiias

EXPLANATORY NOTE

The law provides that 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. Our Civil Code is explicitly clear in the level of care that
must be exercised by our common carriers. Extraordinary diligence is a must for all drivers and
operators of buses, jeepneys, taxis, UV Express vehicles, FX vehicles and of all of the other
types of Public Utility Vehicles (PUV) in operation throughout the Philippines.

Sadly, even perhaps the most simple and lackadaisical level of diligence is utterly absent
in most of our PUV drivers and operators. On the day of the filing of this proposed legislative
measure, a bus fell from the Skyway along South Luzon Expressway (SLEX), killing at least 21
people and crushing a van from the lower level of the SLEX. This horrifying accident, however,
is not an isolated incident. It was not long ago when another bus fell from the upper level of
SLEX. We have also heard of countless of road mishaps involving over-speeding PUVs in
EDSA and Commonwealth Avenue. So many people have died because the persons in charge of
providing extraordinary diligence have grossly neglected their duty with impunity.

‘This bill seeks to prevent more vehicular accidents by providing stiffer penalties for the
drivers and operators of PUVs involved in accidents caused by over-speeding, A penalty of six
(6) years imprisonment shall be imposed on the driver for any accident due to over-speeding
which results to injury or damage to property. If a person dies because of the accident, the
penalty shall be ten (10) years imprisonment. The operator will also be penalized by the
imposition of a perpetual ban on having a license to operate PUVs. Moreover, if the operator is
guilty of neglect in the selection and instruction of the drivers, and in the operation of the
vehicles under the operator’s license, the operator will be imprisoned for six (6) months if the
accident causes damage or injury, and for one (1) year if death is caused

Reckless imprudence resulting to an act which would have been classified as a grave
felony if intentionally committed is punishable by the Revised Penal Code ? by a maximum term
of prision correccional in its medium period, which is 2 years, 4 months and | day to 4 years and

* article 1755, Civil Code of the Philippines
* article 365, Revised Penal Code Book I!


2 months. If reckless imprudence results to death, the punishment is prision correccional in its
medium to maximum periods, or a maximum of 6 years imprisonment. This proposed measure
seeks to provide stiffer penalties (6 years imprisonment for over-speeding accidents or 10 years,
if mortal injuries are sustained) which are justified because the degree of diligence required of a
common carrier is greater than that of a regular citizen, and because of the unabated disregard for
speed limits of PUVs in the country’s major thoroughfares, There is therefore a substantial
distinction between a regular motorist and a driver or operator of a PUV. It must also be noted
that the penalties imposed in this bill are without prejudice to the civil, administrative and other
possible criminal liabilities which the erring driver and operator may incur.

In view of the foregoing, approval of this legislative measure is highly oan nded.

Ale.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

3616

HOUSE BILL NO.

Introduced by Hon, Jerry P. Trefias

AN ACT PENALIZING THE DRIVER AND OPERATOR OF PUBLIC UTILITY
VEHICLES FOR VEHICULAR ACCIDENTS CAUSED BY OVER-SPEEDING.

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

Section 1. Declaration of Policy. — The State recognizes that common carriers are
mandated to observe extraordinary diligence in the transportation of passengers and shall
endeavor to protect the lives and safety of its citizens by holding common carriers criminally
liable for deaths, injuries and damages caused by Public Utility Vehicles (PUV) traversing the
streets of the country beyond the allowed maximum speed

Section 2. Criminal Liabilities. - The following shall incur criminal liability for PUVs
involved in vehicular accidents caused by over-speeding:

(a) Driver ~ The driver of the PUV shall suffer the penalty of six (6) years imprisonment
for vehicular accidents caused by over-speeding which causes damage to property or
injury; provided, that if any of the passengers of the PUV or of any vehicle involved
in the vehicular accidents caused by the over-speeding of the PUV suffer mortal
injuries, the driver of the PUV shall incur the penalty of ten (10) years imprisonment

(b) Operator ~ The license of the operator to operate any PUV shall be revoked and the
operator shall be perpetually banned from obtaining a license to operate PUVs;
provided, that if the operator has been negligent in the selection and training of the
driver of the PUV involved in the accident or in the operations of the PUVs under the
operator's control, the operator of the PUV shall suffer the penalty of six (6) months
imprisonment for vehicular accidents caused by over-speeding which causes damage
to property or injury; provided, further, that if any of the passengers of the PUV or of
any vehicle involved in the vehicular accidents caused by over-speeding of the PUV
suffer mortal injuries, the operator of the PUV shall incur the penalty of one (1) year
imprisonment;

Section 3. For the purpose of this Act, the registered owner of the PUV shall be
considered as its operator. If the operator is a corporation, the president of the operator shall


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incur the criminal liability stated in the immediately preceding section. If the driver and operator
are one and the same person, he shall suffer the length of imprisonment under Section 2(a) of this
‘Act and shall lose his privilege to operate PUVS as stated under Section 2(b) of this act.

Section 4. A PUV is deemed over-speeding if the vehicle is running beyond the
maximum speed set for each national or local road, as determined and imposed by the authorized
‘government agency or local government unit with jurisdiction over the respective roads.

Section 5. The penalties imposed by this Act are without prejudice to the civil liability
and other criminal or administrative liabilities of the driver and operator of the PUV involved in
over-speeding vehicular accidents,

Section 7. Repealing Clause. ~ All provisions of laws, orders, decrees, including rules
and regulations inconsistent herewith are hereby repealed and/or modified accordingly.

Section 8. Separability Clause, ~ If any part or provision of this Act shall be held
unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue
to be in full force and effect

Section 9. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazerte or in a national newspaper of general circulation

Approved,