SEVENTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
S E N
A
T E
S . B .  N o .  
1447
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17 
HAY 10 ,-A lO  :45
P if-C tiV L b  B ; .
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
PROVIDING 
FOR 
THE 
SPECIAL 
PROTECTION 
PASSENGERS 
IN 
MOTOR 
VEHICLES 
AND 
APPROPRIATIONS TFIEREOF
OF 
CHILD 
PROVIDING
EXPLANATORY NOTE
Road safety is a pervasive public health issue. The World Health 
Organization (WHO) in 2015 reported that about 1.25 million road traffic 
deaths cxrcur annually. It is considered as tlie leading cause of death in the 
youth bracket of all populations aged 15 to 29 and the sixth leading cause of 
death among children 5 to 9 years old.
In addition, about 90 percent of the world's road deaths take place in 
low- and middle-income countries despite having only 50 percent of the 
world's vehicles. Further in the said report, the WHO estimated that in the 
Philippines, there are 10, 379 fatalities for every 100,000 population resulting 
in an estimated 2.6 percent of Gross Domestic Product (GDP) bemg lost due to 
road traffic crashes. In its Health Policy Notes, the Department of Health 
(DOH) claimed that among children 0-17 years of age, road crashes is the 
second leading cause of death (with mortality rate of 5.85/100,000), next to 
drowning.
Tlie United Nations General Assembly, through several resolutions, 
expressed continuing alarm over the unacceptably high number of road traffic 
crashes making it as the leading cause of death and injury around the world. 
The latest Resolution 70/260 recognized road traffic crashes as a major public 
healtli and development problem that has broad social and economic 
consequences which, if unaddressed, may affect progress towards the 
achievement of the Sustainable Development Goals.


Wliile we have legislation for the mandatory use of seat belts, the said 
law only protects adults in the event of road crashes. Seat belts are not 
adapted to infants and young cliildren. Without a road safety law specifically 
targeting cliildren and infants, it is expected that more children would become 
vulnerable to road crashes amid the continuing growth in youth population 
and the corresponding increase in the demand for cars among Filipino 
consumers.
Children require special care and protection to avoid threat to life and 
limb. One of such legislative measures that should be urgently passed to 
protect children and infants is the use of child restraint systems. Appropriate 
child restraints are specifically designed to protect infants and young children 
during a collision or a sudden stop by restraining their movement away fiDin 
the vehicle structure and distributing the forces of a crash over the strongest 
parts of the body, with minimum damage to the soft tissues.
Child restraints are also effective in reducing injuries that can occur 
during non-crash events, such as a sudden slop, a swerving evasive maneuver 
or opening of door during vehicle movement. When correctly installed and 
used, they are proven to reduce fatal injuries among infants by approximately 
70%, and among children aged 1 to 4 years by 54%.
Tlie Philippine Statistics Authority projected the number of children 
aged 0 to 4 would be 11.48 million in year 2020; 11.36 million in 2025, and 
11.04 million. For 0-14 years old, the population is projected to be 33.31 
million in 2020; 33.91 million in 2025, and 33.63 million in 2030. Data from the 
Department of Transportation (DOTr) also show an increasing number of cars 
in the country with 759,683 in 2010; 788,372 in 2011; 808,968 in 2012, and 
830,131 in 2013. Moreover, according to a 2014 Nielsen Survey of Global 
Automotive Demand, 53 percent Filipino households own a car, while 7 in 10 
Filipino households are expected to buy a car from 2014 to 2016. Thus, a 
passage of such a law requiring child restraint systems potentially has the 
effect of protecting millions of our children being transported daily in cars 
alone.
Case studies from developed countries like Germany, USA and 
Australia heavily supported these findings. Legislation for the mandatory use 
of a child restraint system in the Philippines should therefore be considered to 
address the life-saving benefits attributed to the use of this system.
Tlie House of Representatives, through House Resolution No. 651, filed 
by Rep. Cesar Sarmiento, meanwhile expresses full support to the 
Westminster Declaration that calls for the reduction of road traffic deaths, 
injuries and damages.


Tlius, tliere is an urgent need for the passage of this proposed bill to 
protect infants and children from road crash deaths and injuries through the 
mandatory use of child restramt systems and the imposition of safety 
standards in the transportation of children in private motor vehicles, while 
mandating the concerned government agencies to study and likewise impose 
similar safety measures in public utility vehicles.
In view of the foregoing, the passage of this bill is earnestly sought.
JOSEPH VICTOR EJERCITO


SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E  
S.B.No. 1447
cf tuf
•17 
MAY 1 0  
A 1 C 4 5
RECclV'LDBi'. 7
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
PROVIDING 
FOR 
THE 
SPECIAL 
PROTECTION 
OF 
CHILD 
PASSENGERS 
IN 
MOTOR 
VEHICLES 
AND 
PROVIDING 
APPROPRIATIONS TLIEREOF
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 ''Child Safety in Motor
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Vehicles Act of 2017".
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Sec. 2. Declaration of Policy. - It is the policy of the State to ensure the safety of 
children while being transported in any form of motor vehicle.
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Tlie State recognizes the right of children to a.ssistance, including proper care,
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and special protection from all forms of neglect, abuse and other conditions 
prejudicial to their development.
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It is the policy of the State to ensure tlie cliild's health and welfare, including
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access to safe, appropriate, quality and affordable cliild restraint system and
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other safety measures in preventing traffic-related deatlis and injuries among
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infants and children.
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In order to guarantee the safety and welfare of infants and children, there is
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thus a need to require, regulate, promote, and inform the public on the use of
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Child Restraints System in motor vehicles through adequate, consistent and
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objective information and appropriate regulation of the marketing and
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distribution of the said System based on international standards accepted by


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the United Nationsr Further, tliere is also a need to study and determine otlier 
safety measures for cliildren being transported in public utility vehicles.
Sec. 3. Definition of Terms. - For purposes of this Act, the term:
a) "Child" refers to any person age 12 and below.
d) "Child Restraint System" refers to a device capable of 
accommodating a child occupant in a sitting or supine position. It is so 
designed as to diminish the risk of injury to the wearer, in the event of a 
collision or of abrupt deceleration of the vehicle, by limiting the 
mobility of the child's body.
c) "Covered vehicle" refers to any motor vehicle privately-owned by 
individuals and juridical persons used for the carriage of persons 
excluding tricycle and motorcycle. The DOTr is hereby empowered to 
determine and include other motor vehicle including rail transits for the 
purpose of applying the provisions of this Act.
d) "Driver" refers to the individual operating a motor vehicle.
Sec. 4. Maniialonj Use of Child Rest min I Si/slcin in piivnlely-oumcd molar vehicles. 
— It shall be unlawful for the driver of a covered vehicle not to secure at all 
times a child in a child restraint system while transporting such child on any 
road, street or highway. The child restraint system shall be appropriate to the 
child's size, height and weight as prescribed by Section 6 of this Act.
Tlie requirements of this section shall not apply to circumstances where the 
child restraint system would put such cliild in a greater danger, such as:
(1) During medical emergencies;
(2) When the child transported has a medical or developmental 
condition; or
(3) Other analogous circumstances prescribed in the Implementing 
Rules and Regulations of this Act.
Notwitlistanding the child being secured in a child restraint system, at no 
instance shall such child be left unaccompanied by an adult in a motor 
vehicle.
Sec. 5. Children in Rear Seats. No child 12 years and below of age shall be 
allowed to sit in a front seat of a motor vehicle.


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Sec. 6. Miuuiatonj Testing of Child Restraint S\/steins. The Department of Trade 
and Industry (DTI) is mandated to use as benchmark the standards set forth in 
United Nations (UN) Regulation 44 and UN Regulation 129 in the approval or 
disapproval of child restraint systems that will be manufactured, sold, 
distributed and used in the Philippines. It shall conduct a mandatory testing 
of all manufactured and imported child restraints systems. All manufacturers, 
importers, distributors and sellers of child restraints systems are required to 
secure from the Bureau of Product Standards (BPS) a Philippine Standards 
(PS) mark license and Import Clearance Certificate (ICC) license prior to the 
marketing, sale and distribution of their products. The BPS shall issue 
periodically a list of child restraint systems manufacturers, importers and 
distributors, and the brands which pass its standards to be published in a 
newspaper of general circulation or in its website.
Sec. 7. Prohibition on the Marketing of substandard or expired Child Restraint 
Spstetn. It shall be unlawful for any person, company, partnership, sole 
proprietorship, manufacturer, distributor, and/or importer to manufacture, 
use, import, sell, distribute, donate, lease, advertise, promote, or otherwise 
market the use of substandard or child restraint system.
Sec. 8. Penalties - (a) Any driver in violation of Sections 4 and 5 of this Act 
shall be fined One Thousand Pesos (PI,000.00) for first offense. Two Tliousand 
Pesos (P2,000.00) for the second offense. Five Tliousand Pesos (P5,000.00) and 
the suspension of the drivers license for a period of one (1) year for the third 
and succeeding offenses.
(b) Any manufacturer, distributor, importer, retailer, and seller who violates 
Section 6 of this Act shall be punished with a fine of not less than Ten 
Thousand pesos (Phpl0,000.00) but not more than Twenty Tliousand pesos 
(Php20,000.00) for each and ever}' child restraint system product 
manufactured, distributed, imported and/or sold without prejudice to other 
penalties imposed in Republic Act No. 7394 or the "Consumer Act of the 
Philippines.
(c) Any driver who knowingly allows the use of substandard and/or expired 
a child restraint system or permits the use of child restraint system that docs 
not bear the PS mark or the ICC sticker and certificate shall be fined with One 
Tliousand Pesos (P1,000.00) for the first offense. Three Tliousand pesos 
(Php,3,nnn.nn) for the second offense, and Five Thousand pesos (PhpS.OnO 00) 
and the suspension of the driver,s license for a period of one (1) year for the 
third and succeeding offenses.


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(d) Tampering, alteration, forgery and imitation of the PS mark or the ICC 
stickers in the child restraint system shall be punished with a fine of not less 
tlian Ten thousand pesos (Phpl0,000.00) but not more than Twenty thousand 
pesos (Php20,000.00), for each and every cliild restraint system product, 
witliout prejudice to other penalties imposed in Republic Act No. 7394 or the 
"Consumer Act of the Philippines".
Provided, That the Department of Transportation (DOTr) is hereby empowered 
to increase or adjust the amounts of fines prescribed in this Section during the 
periodic review of this Act.
Sec. 9. Nationwide Public Information Campaign. — (a) The DOTr, the Philippine 
Information Agency (PIA), the Department of Education (DepEd), and private 
agencies and organizations, shall undertake a regular nationwide Information, 
Education and Communication (lEC) campaign within six (6) months from 
the passage of this Act. The lEC campaign shall include information on tlie 
proper installation, use and maintenance of the child restraint system.
(b) The DOTr, may call upon any government agency, including the 
Philippine National Police, and non-governmental organizations (NGOs) to 
extend their full support and cooperation for the implementation of this Act.
Sec. 10. Certification Fraining Program. The DOTr is hereby mandated to 
formulate and implement a certification training program for product 
inspectors, law enforcers, manufacturers, distributors, and sellers on the 
regulation, installation, use, maintenance, and inspection of child safety 
systems, as prescribed by the IRR.
Sec. 11. Implementing Rules and Regulations (IRR) and Guidelines. The DOTr, in 
consultation with the DTI, Department of Health (DOH), Department of 
Interior and Local Governnient (DILG), Pliilippine National Police, and other 
concerned agencies, and stakeholders, shall promulgate the Implementing 
Rules and Regulations(IRR) on child restraint systems within six (6) month?; 
from the effectivity date of this Act.
The implementing rules and regulations shall cover the following, but not 
limited to:
a. Motor vehicles covered under this Act;
b. Standards and kinds of child restraint systems based on UN Regulation 
44 and UN Regulation 129;
c. Compatibility of child restraint systems to motor vehicles available in 
the market;
d. Proper installation and positioning of the chikl restraint system in the 
vehicle;


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e.
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Certification training program referred to in Section 10 for law 
enforcers, product inspectors, employees and agents of manufacturers, 
distributors, sellers and importers;
Regulation of the manufacture, importation, and distribution of child 
restraint systems
Authorities responsible for the monitoring and evaluation of the 
implementation and compliance to the provisions of this Act; and Tlie 
phases of implementation of this Act;
Sec. 12. Child Safely in Public Utilih/ Vehicles. Nothing in this Act shall prohibit 
the DOTr from issuing rules and regulations requiring the use of child 
restraint systems in public utility vehicles such as, but not limited to jeepneys, 
buses, including school buses, taxis, Vcins, coasters, accredited/affilialed 
service vehicles of Transportation Network Companies, and all other motor 
vehicles used for public transport including rail transits. Should the DOTr 
determine, after study, that child restraint systems are not applicable in 
certain public utility vehicles, it shall decide and issue other safety measures 
and/or regulations for the safe and secure transportation of children in such 
vehicles. Provided, That the study shall be conducted within one (1) year from 
the effectivity of this Act.
Sec. 13. Review. The DOTr shall conduct and submit to Congress a periodic 
review on the implementation of this Act at the end of the tliird year from the 
date of its effectivity and eveiy year thereafter.
Sec. 14. Appropriations. The initial amount necessaiy for the implementation of 
this Act shall be charged against the current appropriation of the DOTr; 
Provided, Tliat fines and fees collected from the implementation of the Seatbelt 
Law may be used to augment the initial funding requirement of this Act. 
Provided further, Tliat the fines and fees that may be collected in the 
enforcement of tliis Act shall be used exclusively for its implementation. 
Provided finally, That such sums as may be necessary for the continued 
implementation of this Act shall be included in the annual General 
Appropriations Act.
Sec. 15. Separability Clause. — If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or provision is not otherwise 
affected shall remain valid and subsisting.
Sec. 16. Repealing Clause. —Section 5 of Republic Act No. 8750, and all other 
laws, decrees, executive orders, rules and regulations, issuances or parts 
thereof inconsistent with this Act are hereby repealed or amended 
accordingly.


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Sec. 17. Ejfectivihj. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) national newspapers of 
general circulation.
Approved,