Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILLNo. 907

Introduced by Honorable Erlinda M. Santiago

EXPLANATORY NOTE

It is the policy of the State to promote social justice in all phases of national
development. The State values the life and dignity of every human person and guarantees full
respect for human rights. Under these basic tenets of a democratic and Republican State emerged
the principle that those who have less in life should have more in law.

This proposed bill seeks to protect the ordinary Filipino, the “un-vehicled” urban poor
who merely rely on public transport in the course of earning their living. These people are the
pedestrians, the daily commuters, transport-based eamers and innocent by-standers who are
exposed to the hazards of reckless driving perpetrated by driver(s) of private motor vehicle(s) as
well as public transport systems.

Because of the apparent flaw in our legal system, there have been numerous unfortunate
vehicular incidents in the past where judgment rendered in favor of victims killed or seriously
injured as a result of reckless driving by private vehicles or public utility vehicles would remain
“paper judgments”. More often than not, the consequential damages awarded are delayed by
protracted appeals or could no longer be enforced because by the time judgment is rendered, the
perpetrators), as well as the owner(s) and/or operator(s) of said vehicle, are left with no assets
which could satisfy the adjudged civil damages sustained by the victim.

To ensure that the outcome of a civil or criminal proceeding would not be an empty
victory for the aggrieved victim and the award, if any. is seasonably enjoyed, this proposed
meastire therefore makes it mandatory for the court to hold the vehicle in custodia legis, or
require the owner or operator of the vehicle to post a cash bond. The requirement of a cash bond,
rather than a surety bond, further strengthens the right of the aggrieved victim in the event of an
award because it will be easier for him to enforce his right against the defendant, or surety
companies which customarily raise several defenses against the execution of judgments.

This measure, therefore, seeks to correct the sad state experienced by the poor
commuter(s), innocent by-standers and transport-based eamers in the hands of the reckless
driver(s). Passage of this bill is therefore earnestly sought.



epublic of the Phil
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

ixteenth Congre:
First Regular Session

pitino. 907

HOUS

Introduced by Honorable Erlinda M. Santiago

REQUIRING THE IMPOUNDING OF MOTOR VEHICLES INVOLVED IN A
VEHICULAR INCIDENT THAT RESULTED IN THE DEATH OR SERIOUS
PHYSICAL INJURY OF A PEDESTRIAN, COMMUTER OR BY-STANDER, UNLESS
A CASH BOND IS POSTED.

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

Section I. ~ The provisions of any law to the contrary notwithstanding, any motor vehicle
which directly figured in a vehicular incident that resulted in the death or serious physical injury
of a pedestrian, commuter, or by-stander who is not a passenger of such vehicle(s). shall be held
in custodia legis pending the outcome of any criminal or civil proceeding as a result of the same
incident, unless the driver(s), owner(s) or operator(s) of the vehicle(s) shall post a cash bond in
the amount of at least Five Hundred Thousand Pesos (Php 500,000.00) as security for the
satisfaction of any judgment that may be rendered by the court

Sec. 2. — The other pertinent provisions of Republic Act 3815, otherwise known as the
Revised Penal Code, and other laws, rules and regulations which are inconsistent with this law
are hereby repealed or amended accordingly.

Sec, 3. — This law shall take effect fifteen (15) days following its publication in a
newspaper of general publication.