lU'tlP
NINETEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
Senate Bill No.
''
of rid-
23 mar-7 P5:13
RliCEIV t
Introduced by: Senator Raffy T. Tulfo
AN ACT
ENFORCING FAIR TRAFFIC APPREHENSION, GRANTING FOR THE PURPOSE 
COMPENSATION TO DRIVERS OF MOTOR VEHICLES FOR IMPROPER TRAFFIC 
APPREHENSION AND IMPOSING ADMINISTRATIVE SANCTIONS FOR ERRING
TRAFFIC ENFORCEMENT PERSONNEL
EXPLANATORY NOTE
Motorists experience tedious processes in contesting traffic apprehensions made against 
them, especially when the driver is under a 'no-work, no pay' policy. The proposed bill 
seeks to provide compensation to drivers of motor vehicles who are wrongly apprehended 
for traffic violations. This compensation is aimed at covering the losses incurred by drivers 
due to the wrongful apprehension, such as lost time, missed appointments, and additional 
transportation costs.


Moreover, the proposed legislation also aims to impose administrative sanctions on traffic 
enforcement personnel who commit errors in apprehending motorists. This is intended to 
hold erring traffic enforcers accountable for their actions and prevent them from abusing 
their authority in the future.
The bill aims to promote transparency and accountability in the country's traffic 
enforcement system. It is hoped that this will lead to a fairer and more efficient system 
that benefits both motorists and the government.
The passage of this measure is thus earnestly sought.
RAFPY T. TULF*


NINETEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
Senate Bill No. 19 7 B
i
i©ftirp of tljf S'. fi PUi'p
23 MAR-7 PSnS,
f
RECEIVED BY:
o
Introduced by: Senator Raffy T. Tulfo
AN ACT
ENFORCING FAIR TRAFFIC APPREHENSION, GRANTING FOR THE PURPOSE 
COMPENSATION TO DRIVERS OF MOTOR VEHICLES FOR IMPROPER TRAFFIC 
APPREHENSION AND IMPOSING ADMINISTRATIVE SANCTIONS FOR ERRING
TRAFFIC ENFORCEMENT PERSONNEL
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
1
2
3
4
5
6
SECTION 1. Short Title. - This Act shall be known as the "Fair Traffic Apprehension Act."
SEC. 2. Declaration of Policy -It is the policy of the State to maintain peace and order, 
promote discipline on the roads, and improve the traffic management system through 
efficient and fair implementation of traffic laws, rules and regulations. Towards this end, 
the State shall protect the rights of motor vehicle drivers, provide reasonable


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
compensation to drivers who are improperly apprehended and impose administrative 
sanctions against erring traffic enforcement personnel.
SEC. 3. Definition of Terms. - As used in this Act:
a. Driver refers to driver who is improperly apprehended;
b. Traffic adjudication board refers to the office, division, bureau or service of traffic 
enforcement authorities whose function is to adjudicate contested and admitted 
apprehensions, including cases under appeal or motion for reconsideration;
c. 
Traffic enforcement authorities refer to Land Transportation Office, Metropolitan 
Manila Development Authority, Land Transportation Franchising and Regulatory 
Board and Local Government Units; and
d. Traffic enforcement personnel refers to traffic enforcers of traffic enforcement 
authorities, including deputized police personnel and other enforcers of different 
law enforcement agencies.
SEC. 4. Prescription and Burden of Proof. - Any driver of motor vehicle apprehended by 
any traffic enforcement personnel may contest the traffic apprehension before the traffic 
adjudication board of the traffic enforcement authority to which the traffic enforcer 
belongs within sixty (60) days from the date of apprehension or discovery of the same.
The apprehending traffic enforcement personnel has the burden of proof and shall 
prove before the traffic adjudication board that the driver has improperly apprehended 
and impose administrative sanctions against erring traffic enforcement personnel.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26 
27
Sec.5. Compensation- Upon failure of the apprehending traffic enforcement personnel to 
prove the traffic vioiation or upon proper showing by the driver of sufficient evidence that 
the traffic apprehension is improper and that there is no violation of any traffic iaws, ruies 
and reguiations, the driver is entitled to compensation. The traffic adjudication board of 
the concerned traffic enforcement authority shall include in its decision the award of the 
compensation to the complaint upon dismissing the contested traffic comprehension.
SEC.6. Amount of Compensation- The amount of compensation shaii inciude the 
incidental expenses incurred, morai damages suffered by the driver and the rate of wage. 
Thus, the total compensation is three (3) times the amount as may be computed as 
follows :
a. If employed, the compensation is equivalent to the amount of daily wage 
multiplied by the number of times the driver took leave of absence from work to 
contest the improper apprehension. The driver must present a certification of 
comprehension as proof of the driver's employment and daily wage; or
b. If unemployed, self-employed or with business, the compensation is equivalent to 
the prevailing minimum wage in the iocaiity where the driver apprehended 
multiplied by the number of times the driver appeared before the traffic 
adjudication board to contest the improper apprehension. The driver must present 
a barangay certification or other documents as proof that the driver is unemployed, 
self-employed or with business
It is understood that the period of contesting the improper traffic apprehension starts 
from the filing of the protest up to the finality of the protest up to the finality of the 
decision or resolution.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
SEC.7. Additional Compensation. - if the improper traffic apprehension caused the 
impounding of the motor vehicle, the driver is entitled to an additional compensation, 
regardless of ownership of the motor vehicle impounded, equivalent to daily wage as 
provided in the preceding Section multiplied by the number of wheels of the motor vehicle 
impounded and further multiplied by the number of days of impoundment.
The traffic enforcement authority shall also pay for the expenses incurred for 
towing the motor vehicle, including the impound fee, if any, and the cost of damage to, 
or missing parts of, the motor vehicle, if any, that ensued during the impounding.
The traffic enforcement authority shall ensure that a Traffic Violation Receipt 
(TVR), Ordinance Violation Receipt (OVR) or Impounding Receipt of Motor Vehicle (IRMV) 
is issued to the driver of a towed motor vehicle. If TVR, OVR or IRMV is not issued, the 
towing and impounding of the vehicle is presumed to be improper and illegal. The driver 
of the improperly towed vehicle shall report the incident and the traffic enforcement 
authority that accredited the erring towing companies shall immediately take the 
necessary steps for the release and return of the motor vehicle and payment of 
compensation to the driver.
SEC. 8. Drivers Compensation Fund. - All traffic enforcement authorities shall establish a 
drivers' compensation fund for the payment of compensation to drivers and the same 
shall be sourced from the collection of fines and penalties for traffic violations.
The traffic enforcement authority shall determine the amount that must be set aside from 
the collection of fines and penalties for the drivers' compensation fund. The traffic 
enforcement authority is authorized to maintain the drivers' compensation fund in an 
authorized government servicing or depositary banks.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
The traffic enforcement authority concerned shall release the compensation within five 
(5) days from the finality of the decision and upon compliance of the driver to the 
substantiation requirements.
If there is delay in the release of compensation, the driver shall further receive an amount 
equivalent to the awarded compensation multiplied by the number of days of delays.
SEC. 9. Duties of Traffic Adjudication Board. - In addition to the existing duties of the 
traffic adjudication board, the traffic adjudication board shall:
a. Provide advisory that the driver may seek legal assistance;
b. Explain the proceedings in a language that the driver understands;
c. Ensure an impartial, and orderly conduct of the proceedings;
d. Allow the driver to bring not more than five (5) persons during the hearing of 
the protest.
e. Record on video the proceedings and allow any person present in the venue to 
record on video or live stream the proceedings and take pictures for documentation 
and for purposes of transparency and partiality;
f. Issue certificate of appearance and status of the protest without need 
of request,
g. Submit a report or result of the investigation to the head of agency, bureau or 
office of the erring traffic enforcement personnel, for appropriate administrative 
action; and
h. Award the amount of compensation provided under Sections 6 and 7 of this Act 
if the case is dismissed.
SEC. 10. Rights of the Driver. - The driver is entitled to:
a) Seek legal assistance from the Public Attorney's Office and Integrated Bar of the 
Philippines, if necessary.
5


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
b) Seek guidance and other form of assistance from advocate groups such as the Road 
Safety Advocates of the Phiiippines (RSAP) and other non-government organizations duly 
registered with the Securities and Exchange Commission (SEC);
c) Take photo or video to record or document the traffic apprehension and use the 
photo or video as evidence before the traffic adjudication board;
d) Bring not more than five (5) persons during the hearing, including the witnesses and 
lawyer, if any;
e) Record on video or live stream the proceedings; and
f) Receive the amount of compensation as provided under Sections 6 and 7 of this Act.
SEC. 11. Administrative Sanctions. - Any traffic enforcement personnel who willfully or 
negligently caused the improper traffic apprehension shall be held administratively liable. 
The concerned traffic enforcement authority shall, motu propio, file the appropriate 
administrative case against the erring traffic enforcement personnel under existing civil 
service laws rules and regulations.
The head of agency, bureau or office of the deputized enforcer shall, upon receipt 
of the report or result of the investigation that the deputized enforcer willfully or 
negligently caused the improper traffic apprehension, likewise immediately file the 
appropriate administrative case or disciplinary action against the erring deputized 
enforcer.
The concerned officer of the traffic enforcement authority or head of agency, 
bureau or office of the apprehending traffic enforcer, deputized police personnel or 
enforcer who failed to file the administrative case against their erring traffic enforcement


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22 
23
personnel, deputized police personnel or enforcer shall also be held administratively 
liable.
The hearing officer or member of the traffic adjudication board shaii aiso be heid 
administratively liable if such officer or member has shown partiality in adjudicating the 
contested case or failed to observe the duties and responsibiiities provided under Section 
9 of this Act. The aggrieved party, either the driver or traffic enforcement personnel, 
may initiate the filing of appropriate administrative case against the officer or member of 
the traffic adjudication hoard.
SEC. 12. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity 
of this Act, the Secretary of Transportation shall, in coordination with the Secretary of 
Interior and Local Government, Assistant Secretary of Land Transportation Office, and 
Chairpersons of the Metropolitan Manila Development Authority and Land Transportation 
Franchising and Regulatory Board, issue the necessary rules and regulations for the 
effective implementation of this Act.
SEC. 13. Repealing Clause. - All laws, executive orders, issuances, rules and regulations, 
or parts thereof inconsistent with the provisions of this Act are repealed or modified 
accordingly.
SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in a newspaper of general circulation.