irt*
' i0 llif p  c f titr ;■> t r r t a iy
SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E  
S.B. No. 
1 4  4 f)
■17 
HAY 1 0  
A10:45
R E C tiV LiJ BV;
-/■
Introduced by Senator JOSEPH VICTOR G. EJERCITO
AN ACT
INCREASING THE PENALTY OF OVERLOADING OF PASSENGER IN 
PUBLIC UTILITY VEHICLES AND CERTAIN TYPES OF VEHICLES AND 
OTHER PURPOSES
EXPLANATORY NOTE
The World Health Organization, in a report, cited that about 1.25 million 
people die each year as a result of road traffic crashes vvlrile 90% of the world's 
fatalities on the roads occur in low- and middle-income countries.* 1 The report 
explained and cited tliat one of the risk factors of road fatalities is the 
inadequate law enforcement of traffic laws among otliers.2
In 2014 alone, the Land Transportation Office reported a total of 483 injuries; 
28 of these are caused by public utility buses.
While the leading cause of road accidents is driver error, it cannot be denied 
that violation of traffic rules and regulations contributes to tlris factor. One 
violation which is seemed to be overlooked and is neglected in terms of 
enforcement is overloading. While the data are negligible, its effect and extent 
of fatality is great.
Overloaded buses are normal sights in Metro Manila but no one is really 
apprehended as if there is no law fixing the maximum capacities of PUVs. Just 
this year, a public utility bus in Nueva Edja took 33 lives citing overloading as
1 h ttp ://w w w .w h o .in t/m e d ia c e n tre /fa c ts h e e ts /fs 3 5 8 /e n /
1 Ibid.


the main cause of the accident. This gap iii the enforcement of our land 
transportation law causes detriment to the riding public.
Republic Act 4136 or the Land Transportation and Traffic Code wliich was 
enacted in June 1964 is an outdated law which needs to be reviewed. Thus, 
tliis proposed legislation hopes to update the law and increase the penalty of 
overloading of passengers in public utility buses.
The measure proposes to provide for a penalty which corresponds to the 
severe damage to its passengers for its violation and ultimately, to serve as 
deterrence to PUV operators from violating what tlie law justly mandates.
In view of tlie foregoing, the passage of tliis measure is earnestly sought.
JOSEPH VICTOR G. EJERCITO


SEVENTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E  
s.B. No. 
j[ 4 4 f;
^enalp
al l i ! f t .  t 'rr
■n HAY U\ ra0 45
RECLK L j  Li/;
7
Introduced by Senator JOSEPH VICTOR G. EJERCITO
1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21
AN ACT
INCREASING THE PENALTY OF OVERLOADING OF PASSENGER IN 
PUBLIC UTILITY VEHICLES AND CERTAIN TYPES OF VEHICLES AND 
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled.
SECTION 1. Short Title. This Act shall bo known as the "Anti-overloading Act 
of 2017"
SEC. 2. Declaration of Policies. It is hereby declared the policy of the State to 
ensure the safety and protection of the riding public. Towards this end, it shall 
implement measures to prevent road traffic fatalities and ensure that 
reasonable rules and regulations are in place.
SEC. 3. Definition of Terms. As used in this Act,
(a) Covered Vehicle refers to any motor veliicle considered as a public 
transport conveyance or common carrier duly registered with the Land 
Transportation Office and granted a franchise by the Land 
Transportation Franchising and Regulatory Board;
(b) Overloading refers to the act of loading people over and above tlie 
registered carrying capacity of the covered vehicle;
SEC. 4. Prohibited Acts. It shall be unlawful for owners, operators, drivers, 
conductors and other persons responsible for the operation of any covered 
vehicle to load it above their registered carrying capacity of passenger as


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
31
32
33
34
35
determined under Republic Act No. 4136 or tlie “Land Transportation and 
Traffic Code".
SEC. 5. Penalties. Any persons violating the provision of this act shall be 
imposed the penalty of:
(a) For first offense, a fine in the amount of fifty thousand pesos 
(P50,000.00) and suspension of the franchise and driver's license 
of the driver;
(b) For second offense, a fine in the amount of two hundred fifty 
thousand pesos (P250,000.00) and suspension of the franchise and 
driver's license of the driver;
(c) For third offense, a fine in the amount of one million pesos 
(P1,000,000.00) and revocation of the franchise and driver's 
license of the driver.
In addition to tlie above penalties, if the act of overloading shall result in the 
death of any passenger of the covered vehicle, the penalty of prision 
correccional or an imprisonment of two years and 1 day to six years shall be 
imposed.
SEC. 6. Separnhilitij Clause. - If any provision of this Act is held invalid or 
unconstitutional, otlier provisions not affected tliereby shall continue to be in 
full force and effect.
SEC. 7. Repealing Clause. - All laws, decrees, executive orders or parts thereof 
inconsistent with the provisions of this Act are hereby repealed, amended or 
modified accordingly.
SEC. 8. Effectivity Clause. - Tliis Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in a national newspaper of 
general circulation.
Approved,