SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'15 
JUN -1 P 2 :49 
SENATE 
S. No. 
2791 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING ACT NO. 3815, OTHERWISE KNOWN AS THE PENAL CODE, 
BY PENALIZING ROBBERY OF PUBLIC TRANSPORTATION VEHICLE 
AND RELATED THINGS 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 5, provides: 
SEC. 5. The maintenance of peace and order, the 
protection of life, liberty, and property, and the 
promotion of the general welfare are essential for the 
enjoyment by all the people of the blessings of 
democracy. 
The safety of our riding public is the ultimate consideration in crafting 
transportation policies. As such, our laws are geared towards making our common 
carriers, or public transport providers liable for any harm that might befall the 
passengers. They are required exercise not only ordinary diligence, but 
extraordinary diligence. The extraordinary diligence required of common carriers 
demands that they take care of the goods or lives entrusted to their hands as if they 
were their own. 1 
I Spouses Cruz v. Sun Holidays, 622 SCRA 389 (2010). 
1 


The Civil Code, Article 1755 provides: 
Art. 1755. A common carrier is bound to carry the 
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. 
However, while the law requires the highest degree of diligence from 
common carriers in the safe transport of their passengers and creates a presumption 
of negligence against them, it does not however, make the carrier and insurer ofthe 
absolute safety of its passengers.2 
It is clear that neither the law nor the nature of the business of a 
transportation company makes it an insurer of the passenger's safety, but that its 
liability for personal injuries sustained by its passenger rests upon its negligence, 
its failure to exercise the degree of diligence that the law requires.3 
The law does not protect the passengers from acts of other people that 
increase the risk of harm not only to the passengers but to the transport providers 
as well. 
Just recently, the Philippine National Railway had to suspend its operations 
after one of their trains was derailed in Makati City. PNP spokesperson Paul de 
Quiros said missing rail joints, angle bars, and rail clips, which were likely 
pilfered, had caused the derailment. 4 
While the robbers see these items as mere scraps of metal, which they can 
sell for quick money, they are essential to the safety and proper functioning of our 
2 Pilapil v. CA, 180 SCRA 546 (1989). 
3Id 
4 Francisco, Katerina. "PNR Suspends Train Service Indefinitely." URL 
<http://www.rappler.comlnationl92237-pnr-operations-suspended-indefinitely> Rappler. 5 May 2015. 
2 


public transport system. As such, stealing them not only results in loss of property 
but more importantly, may cause the loss of lives. 
Thus, a special policy consideration must be made against persons who steal 
from public transport systems and deter the possible offenders from endangering 
the lives ofthe public transport passengers. 
This bill seeks to create a separate act of robbery under the Penal Code with 
higher penalty for the robbery of all or part of a public transportation vehicles, 
spare parts, or safety devices, or of public transportation fixtures or equipment, 
induding railroad tracks. 
3 
~'-- 4\N . 
.-en- Jv:t:iU 
MIRIAM DEFE15S0R SANTI'GO 
q, 


~~.~~-t '1 t l' 
,..,0;.,.., 1 l~' 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
<,)lfltf llf lilt' ~'HU'bt~ 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'15 
JUN -1 
P 2 :49 
SENATE 
S. No. 
2791 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
AMENDING ACT NO. 3815, OTHERWISE KNOWN AS THE PENAL CODE, 
3 
BY PENALIZING ROBBERY OF PUBLIC TRANSPORTATION VEHICLE 
4 
AND RELATED THINGS 
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress assembled: 
5 
SECTION 1. Short Title. - This Act shall be known as "Public Transport 
6 
Preservation Act." 
7 
SECTION 2. Article 302-A of Act No. 3815, otherwise known as the Penal 
8 
Code, is hereby inserted after Article 302, which shall read as follows: 
9 
ART. 302-A. Robbery of Public Transportation Vehicle and 
10 
Related Things. - In cases enumerated in Articles 299 and 302, when 
11 
the robbery consists in the taking of all or part of a public 
12 
transportation vehicles, spare parts, or safety devices, or of public 
13 
transportation fixtures or equipment, including railroad tracks, the 
14 
offender shall suffer the penalty next higher in degree than that 
15 
prescribed in the said articles. 
1 


1 
SECTION 3. Repealing Clause. - All laws, decrees, orders, rules, and 
2 
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby 
3 
repealed, amended, or modified accordingly. 
4 
SECTION 4. Effectivity Clause. - This Act shall take effect after fifteen (15) 
5 
days following its publication in at least two (2) newspapers of general circulation. 
Approved, 
iapm05062015 
2