Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
FIRST REGULAR SESSION
House Bill No. 818 8
INTRODUCED BY Rep. ZIAUR-RAHMAN ALONT0 ADI0NG
EXPLANATORY NOTE
In order to address  the  recurrent  ills  of traffic  congestion  and the lack of public transportation
options during the pandemic. scores of our people turned towards more active forms of transport
such as walking and bicycling.
The bill seeks to ensure the safety and convenience of active transport users such as pedestrians,
cyclists,  skateboarders,  and  others  who  rely  on  human-powered  forms  of mobility.  With  the
adoption   of  measures  that  provide   safe  passage   for  pedestrians   and  other  active  transport
modality users, we can expand the level of active transport and reduce the number of injuries and
fatalities.
Hence,  this bill shall amend Chapter IV article Ill of Republic Act No. 4136, and shall be read as
Article  Ill-A,   Right  of  Way  and   Signals  of  Vehicles,  and  Article  Ill-8`  Right  of  Way  of
Pedestrians and Other Active Transport Users.  It shall be mandated that drivers of vehicles yield
the right of way to pedestrians crossing the roadway within any marked crosswaH{ or within any
unmarked  crosswalk at an  intersection,  except as  otherwise provided herein. Drivers must also
exercise  all  due care  and reduce the  speed of the vehicle or take any other action necessary to
safeguard the safety of the pedestrian.
Moreover, The importance of proper education and awareness for all stakeholders involved shall
be  emphasized.  Educational  materials  and  public  awareness  campaigns shall be developed and
implemented to promote the safe use of active transport modalities and to encourage respect for
the rights of all road users.
lst District, Lanao Del Sur


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon Cit}', Metro Manila
NINETEENTH CONGRESS
FIRST REGULAR SESSION
House Bill No.  818 8
INTRODUCED BY Rep. ZIAUR-RAHMAN ALONT0 ADI0NG
AN ACT ENHANCING THE SAFETY 0F PEDESTRIANS AND BICYCLE USERS,
FURTHER AMEr`TDING REpuBLIC ACT No. 4i36, AS AMENDED, OTHERWISE
KNOWN AS LAND TRANSPORTATION AND TRAFFIC CODE AND FOR OTHER
PURPOSES
Be   it  enacted  by  the  Senate  and  House  of Representatives  of  the  Philippines  in  Congress
assembled:
Section  1. DEFINITION 0F TERMS. Section 3 of chapter I Article 11 of Republic Act
No. 4136 is hereby amended to include the following:
(n) "Active Transport" refers to human-powered forms of mobility such as but not limited to
walking, cycling, skateboarding, etc. ;
(o) "Crosswalk" is the part of the roadway set aside for pedestrian traffic;
(p) "Intersection"   is   any  place  where  a  roadway  meets   another  roadway.   Intersections
include, cross streets, side streets, alleys` freeway entrances` and any other location where
vehicles traveling on different highways or roads join each other;
(q) "Pedestrian"  is  a  person  on  foot.   This  includes  a  person  with  a  disability  using  any
mobility device such as a wheelchair or tricycle for transportation.
(r)  An."Immediate  Hazard" refers to a situation wherein the approaching vehicle is so near
or  is  approaching  so  fast  that  a  reasonably  careful  person  would  realize  that  there  is
danger of collision or accident.
Section  2.  DELETION.  Section 42(C) of Chapter IV Article  Ill  of Republic  Act No.
4136 is now deleted and remaining paragraphs are renumbercd accordingly.
Section   3.   RIGHT   OF   WAY   0F   PEDESTRIANS   AND   OTHER   ACTIVE
TRANSPORT USERS, A new Article III-A is inserted after Chapter rv Article Ill of Republic
Act No. 4136 and is hereby provided to read as follows:
"XXX
ARTICLE Ill-8
RIGHT OF WAY OF PEDESTRIA`TS AND OTHER ACTIVE TRA^T\'SPORT USERS
SECTION 45. RIGHT 0F WAY 0F PEDESTRIANS
(a)  THE  DRIVER OF A  VEHICLE  SIIALL  YIELD  THE  RIGHT-OF-RAY  TO  A
PEDESTRIAN    CROSSING    THE    ROADWAY    WITHIN    ANY   MARRED
CROSSWALK   OR   WITHIN   ANY   UNMARKED   CROSSWALK   AT   AN
INTERSECTION, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
(b) THE  DRIVER  OF  A  VEHICLE  APPROACHING  A PEDESTRIAN  WITHIN
ANY  MARKED  OR  UNMARKED  CROSSWALK  SHALL  EXERCISE  ALL
DUE  CARE  AND  SHALL  REDUCE  THE  SPEED  OF  THE  VEHICLE  0R
TAKE  ANY  OTHER  ACTION  RELATING  TO  THE  OPERATION  OF  THE
VEHICLE   AS   NECESSARY   TO   SAFEGUARD   THE   SAFETY   OF   THE
PEDESTRIAN


(c) NOTwlTHSTANDrNG  ANYTHING  To  THE  coNTRARy,  THls  sECTloN
SHALL NOT RELIEVE:
(i)       A PEDESTRIAN FROM THE DUTY OF USING DUE CARE FORHIS
OR HER  SAFETY. NO  PEDESTRIAN  SHALL SUDDENLY LEAVE A
CURB  0R OTHER PLACE OF SAFETY AND WALK OR RUN INTO
THE    PATH    OF    A    VEHICLE    THAT    IS    SO    CLOSE    AS    TO
CONSTITUTE AN IMMEDIATE HAZARD N0 PEDESTRIAN SHALL
ALsO uNINECEssARILy sTop OR DELAy TRAFFlc WHILE  rN A
MARKED OR UNMARKED CROSSWALK; AND
(ii)       A  DRIVER  OF  A  VEIHCLE  FROM  THE  DUTY  OF  EXERCISING
DUE  CARE  FOR  THE   SAFETY  OF  ANY  PEDESTRIAN  W-ITHIN
ANY   MARKED   CROSSWALK   OR   WITHIN   ANY   UNMARRED
CROSSWALK AT AN INTERSECTION.
SECTION 46. REMOVAL 0F CROSSWALKS -
(a)  AN EXISTING MARKED CROSSWALK MAY NOT BE REMOVED UNLESS
NOTICE  AND  OPPORTUNITY  TO  BE  HEARD  IS  PROVIDED  TO  THE
PUBLIC  NOT  LESS  THAN  30 DAYS  PRIOR TO  THE  SCHEDULED  DATE
OF    REMOVAL.    IN   ADDITION   TO   ANY   OTIER   PUBLIC   NOTICE
REQUIREMENTS,   THE  NOTICE  OF  PROPOSED  REMOVAL  SIIALL  BE
POSTED AT THE CROSSWALK IDENTIFIED FOR REMOVAL.
(b) TIE NOTICE REQUIRED BY SUBSECTION (A) ABOVE SHALL INCLUDE,
BUT  NOT  BE  LIMITED  TO`  NOTIFICATION  TO  THE  PUBLIC  OF  THE
FOLLOWING:
(i)       THAT  THE  PUBLIC  MAY  PROVIDE  INPUT  RELATING  TO  THE
SCHEDULED REMOVAL; AND
(ii)       TIIE     FORM    AND    METHOD    oF    pRovlDING    TI-in    INpuT
AUTHORIZED UNDER PARAGRAPH ( I ) ABOVE.
SECTION  47.  NO  OVERTAKING  AT  INTERSECTIONS  -  WHENEVER  ANY
VEHICLE    HAS    STOPPED    AT    A    MARKED    CROSSWALK    OR    AT    ANY
UNMARKED CROSSWALK AT AN INTERSECTION TO PERMIT A PEDESTRIAN
TO   cROss   THE   ROADWAy`   THE   DRIVER   oF   ANT   OTIIER   vf mcLE
APPROACHING  FROM  THE  REAR  SHALL  NOT  OVERTAKE  AND  PASS  TEE
STOPPED VEHICLE.
SECTION' 48.  SIDEWALKS  -  THE  DRIVER OF ANY  MOTOR VEHICLE,  PRIOR
TO    DRIVING    OVER    OR    UPON    ANY    SIDEWALK,    SHALL    YIELD    THE
RIGHT-OF-WAY TO ANY PEDESTRIAN APPROACHING THEREON.
SECTION 49.  UNDERPASS AND OVERPASS -WHENEVER ANY PEDESTRIAN
CROSSES A ROADWAY OTHER THAN BY MEANS OF A PEDESTRIAN TUNNEL
OR   OVERHEAD   PEDESTRIAN   CROSSING,   IF  A  PEDESTRIAN  TUNNEL  OR
OVERHEAD   CROSSING   SERVES   THE   PLACE  WHERE  THE  PEDESTRIAN  IS
CROSSING     THE     ROADWAY,     SUCH     PEDESTRIAN     SHALL     YIELD     THE
RIGHT-OF-WAY   TO   ALL   VEHICLES   ON   THE   HIGHWAY   SO   NEAR  AS  TO
CONSTITUTE AN IMMEDIATE HAZARD.
SECTION    50.    INSTANCES   WHERE   PEDESTRIANS   SHALL   YIELD   T0
VEHICLES - EVERY PEDESTRIAN  UPON A ROADWAY AT ANY POINT OTHER
THAN    WITHIN   A   MARKED   CROSSWALK   OR   WITHIN   AN   UNMARKED
CROSSWALK  AT  AN  INTERSECTION  SHALL  YIELD  THE  RIGHT-OF-WAY  TO
ALL    VEHICLES    UPON    THE    ROADWAY    WHO    ARE    SO   NEAR   AS    TO
CONSTITUTE  AN IMMEDIATE HAZARD,  PROVIDED THAT, THE DRIVER OF A
VEHICLE  SHALL  CONTINUE  TO  EXERCISE  DUE  CARE  FOR  THE  SAFETY OF
ANY PEDESTRIAN UPON A ROADWAY
sECTloN    51.    cRosSING   or`'   CRoSSwALKs   -   BETWEEN   ADJACENT
INTERSECTIONS CONTROLLED BY TRAFFIC CONTROL SIGNAL DEVICES OR
BY  POLICE OFFICERS, PEDESTRIANS  SHALL NOT CROSS THE ROADWAY AT
ANY PLACE EXCEPT IN A CROSSWALK


SECTI0I`' 52. ROADWAYS -
(a) NO  PEDESTRIAN  MAY  WALK  UPON  ANY  ROADWAY  OUTSIDE  OF  A
BUSINESS  OR RESIDENTIAL DISTRICT OTHERWISE THAN CLOSE TO
HIS OR HER LEFT-HAND EDGE 0F THE ROADWAY.
(b) A PEDESTRIAN MAY WALK CLOSE TO HIS OR HER RIGHT_HjENI) EDGE
OF  THE  ROADWAY IF A CROSSWALK OR OTHER MEANS  OF  SAFELY
CROSSING  THE  ROADWAY  IS  NOT  AVAILABLE  OR  IF  EXISTING
TRAFFIC    OR   OTHER    CONDITIONS    WOULD   COMPROMISE   THE
SAFETY OF A PEDESTRIAN ATTEMPTING TO CROSS THE ROAD
SECTION  53.  SOLICITATION  OF  RIDES  -  NO  PERSON  SHALL STAND  IN  A
ROADWAY  WHICH  IS  NOT  AN  AUTHORIZED  LOADING  AND  UNILOADING
ZONE FOR THE PURPOSE OF SOLICITING A RIDE FROM THE DRIVER 0F ANY
VEHICLE
SECTION    54.    USE    0F   BICYCLE    LANES   -   DRIVERS    OF   MOTORIZED
VEHICLES,   SUCH  AS  BUT  NOT  LIMITED  TO  CARS  AND  MOTORCYCLES,
MUST  KEEP  FROM  OBSTRUCTING  OR  USING  CLEARLY  MARKED  BICYCLE
LANEs. THls INCLUDEs PARKING oN SAID BIcycLE LANE. ExcEPT rN sucH
CIRCUMSTANCES WHEN THE USE OF SUCH LANES BECOMES A NECESSITY.
SECTION 55. PENALTY -
(a)  THE   DRIVER  OF  A  VEHICLE  THAT  VIOLATES  THE  PROVISIONS  OF
THIS    ACT    SHALL    BE    PUNISHED    BY    A    FINE    RANGING    FROM
PIIT2`000.00 TO PHP20,000.00;
(b) A PEDESTRIAN  FOUND  TO  BE  VIOLATING  THE  PROVISIONS  OF  THIS
ACT SHALL  BE PUNISHED  BY A  FINE  RANGING FROM  PHpl,000.00 TO
PHP I 0-000.00-
THE   FINES   IMPOSED   HEREIN   SHALL   BE   WITHOUT  PREJUDICE  TO  ANY
OTHER CRIMINAL, CIVIL AND ADMINISTRATIVE CASE THAT MAY BE FILED
AGAINST THE OFFENDER.
SECTION    56.   TRAINING   WITH   TESDA   -   ANY   PERSON   WHO   HAVE
vloLATED   THE   pROvlsloNs   OF   THls   Aer   SHALI.   BE   REQLTIRED   TO
UNDERGO THE APPROPRIATE TRAINING OR REFRESHER COURSE WITH THE
TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY (TESDA).
SECTION    57.    INFORMATION    CAMPAIGN    -       THE    DEPARTMENT   OF
TRANSPORTATION    SHALL    CONDUCT    SUSTAINED    INFORMATION    AND
EDUCATION   DRIVIS   AIMED   AT   ENHANCING  PEDESTRIAN  AND  DRIVER
EDUCATION.
THE DEPARTMENT OF TRANSPORTATION AND THE LAND TRANSPORTATION
OFFICE    SHALL   ALSO    CLOSELY   COORDINATE   WITH   TESDA   FOR   THE
UPDATING    0F    CURRENT    TRAINING    PROGRAMS    FOR    DRIVERS    AND
MOTORISTS TO BE CONSISTENT WITH THE PROVISIONS OF THIS ACT.
XXX"
Section 4. RENUMBERING. Section 45 of Chapter IV Article IV of Republic Act No.
4136  is  hereby  renumbered  as  Section  58.  All  succeeding  sections  of the same Act are hereby
renumbered accordingly.
Section  5.  APPROPRIATIONS  -Section  64  of Republic  Act  No.  4136  is  hereby
amended to include the following:
"xxx
In  addition,10%  of the  Special  Road Support Fund created under Republic Act No.  8794 shall


bc a]]ocatcd for the programs, activities and projects of the Dcpartmcnt of Transportation gcarcd
towards pcdcstrian safety and driver education.
xxx"
Section 6. SEPARABILITY CLAUSE. -If any provision or part hereof is held invalid
or unconstitutional, the rcmaindcr of the law or the provision not othcrwisc affcctcd shall remain
valid and subsisting.
Section 7. REPEALING CLAUSE. - The provision of , is hereby amended. Except as
othcrwisc expressly provided in this Act, all other laws, dccrccs, executive orders, proclamations
and  administrative  regulations  or  parts  thcrcof  inconsistent  hcrcwith  arc  hcrcby  rcpcaled  or
modified accordingly.
Section 8. EFFECTIVITY CLAUSE. -  This Act shall take effect fifteen (15) days after
its publication in at least two (2) national newspapers of general circulation.
Approved.