FOURTEENTH CONGRESS OF THE REPUBLIC)  
OF THE PHILIPPINES 
.)  
Third Regular Session 
)  
. i 1 
SENA.rLE 
S.B. No. 3523 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Passenger Vehicle Loss Disclosure Act would require insurance companies to 
publicly disclose the vehicle engine and chassis numbers, the date the vehicle is declared 
"total loss," the odometer reading on the date of the declaration of total loss, and a 
statement explaining why the vehicle is declared total loss. 
The Land Transportation Office will regulate and require that all insurers and self-
insurers disclose this information to the public in a "commercially reasonable, 
electronically accessible manner." Hence, the information will be available to consumers 
via the Internet and e-maiL 
This measure is especially important after Ondoy and Pepeng. Thousands of 
vehicles damaged by these typhoons could be sold across the country as used cars that 
have been cosmetically altered to appear almost new. 


FOURTEENTH CONGRESS OF THE REPUBLIC)  
OF THE PHILIPPINES 
)  
Third Regular Session 
)  
SENATE 
352·
lrj
S.B. No. 
>~ .. 'tJ 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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TO IMPROVE CONSUMER ACCESS TO PASSENGER VEHICLE LOSS DATA 
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HELD BY INSURERS 
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 "Passenger Vehicle 
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Loss Disclosure Act of 2009". 
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SEC. 2. Definition ofTerms. 
As used in this Act, the term 
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(A) "Office" refers to the Land Transportation Office; 
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(B) "Passenger motor vehicle" means a motor vehicle with motive power 
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designed for carrying 10 or fewer persons, including multipurpose passenger 
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vehicles, light trucks, and motorcycles, but not including trailers; and 
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(C) "Self-insurer" means a person that retains all or part of the risk of loss with 
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respect to passenger motor vehicles it owns instead of using an insurer. 
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SEC. 3. Disclosure ofLoss Data for Passenger Motor Vehicles. 
The Office shall 
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by regulation require all insurers and self-insurers of passenger motor vehicles to disclose 
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to the public in a commercially reasonable, electronically accessible manner the 
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following information for every passenger motor vehicle that has been declared a total 
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loss by such an insurer or determined to be a total loss by such a self-insurer: 
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(A) The engine and chassis numbers ofthe vehicle; 
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(B) The date of declaration or determination of the total loss. 
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(C) The odometer reading on the date of the declaration or determination of total 
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loss. 
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(D) A statement as to whether the pnmary reason for the declaration or 
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determination of total loss is 
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(i) flood or water damage; 
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(ii) collision or fire damage; 
(iii)theft and recovery; or 
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(iv)some other reason. 
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(E) A statement as to whether, as a resul~. of the incident that prompted the 
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declaration or determination oftotalloss, 1 or more airbags were deployed. 
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SEC. 4. Time for Disclosure. - The Office shall require the disclosure to be made 
not later than. ­
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(A) the date on which the insurer terminates coverage on the vehicle due to the 
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total loss of the vehicle; or 
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(B) the date on which the self-insurer detennines the vehicle to be a total loss. 
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SEC. 5. Vehicles to which Disclosure Requirement Applies. 
Section 3 shall 
apply to: 
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(A) Insurers. - To a declaration of total loss by an insurer for any passenger 
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motor vehicle with respect to which: 
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(i) the insurer obtains from an insured pursuant to a settlement resulting 
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in the termination of the cUITynt coverage by the insurer for that 
vehicle; 
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(ii) the insurer penn its the insured to retain pursuant to a settlement 
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resulting in the termination of the current coverage by the insurer for 
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that vehicle; or 
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(Hi)the insurer terminates coverage following the theft of, damage to, or 
other circumstances that adversely affect the fair market value of that 
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vehicle. 
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(B) Self-Insurers. - To a detennination of total loss by a self-insurer for any 
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passenger motor vehicle that the self-insurer determines has sustained 
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sufficient damage to be a total loss. 
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This Act shall still apply even if the insurer or self-insurer disposes of or receives 
proceeds from the disposition of a passenger motor vehicle upon tennination of coverage 
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following the theft of, damage to, or other circumstances that adversely affect the fair 
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market value of that vehicle. 
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SEC. 6. Use oJ Private Sector Resources. - The Office shall rely on the private 
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sector to collect, aggregate, and disclose to the public the data required to be disclosed 
under this subsection. The Office shall also ensure that all disclosed total loss data is 
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accessible by engine or chassis number. 
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SEC. 7. Liability Protection for Public Disclosure. 
Any person perfonning any 
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activity related to the public disclosure of the data under this Act in good faith and with 
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the reasonable belief that such activity was in accordance with this Act shall be immune 
from any civil action respecting such activity seeking money damages or equitable relief 
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in any court. 
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SEC. 8. Implementing Rules and Regulations. 
The Office shall promulgate the 
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rules and regulations not later than six months after the effectivity of this Act. 
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SEC. 9. Separability Clause. ~ If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall 
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remain valid and SUbsisting. 
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SEC. 10. Repealing Clause. 
Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to, or 
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inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
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SEC. 11. Effectivity Clause. 
This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers ofgeneral circulation. 
Approved, 
/fldp 
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