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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
TWENTIETH (20th) CONGRESS
First Regular Session

HOUSE BILL NO. 3499

Introduced by HONORABLE LORETO “AMBEN” S. AMANTE
Third (3rd) Legislative District, Province of Laguna

AN ACT PRESCRIBING THE STANDARD INVESTIGATION
PROCEDURE DURING TRAFFIC ACCIDENTS, AMENDING FOR
SUCH PURPOSE CHAPTER IV OF REPUBLIC ACT NO. 4136, AS
AMENDED, OR OTHERWISE KNOWN AS THE “LAND
TRANSPORTATION AND TRAFFIC CODE”, AND FOR SUCH
OTHER PURPOSES

Explanatory Note

Republic Act No. 4136, or the compilation of all land transportation
laws and traffic rules in the country, indeed became the cornerstone that laid
the foundation for all the country’s subsequent traffic laws and regulations.
For no less than sixty (60) years since its enactment on June 20, 1964,
several notable amendatory laws have been passed in order to acclimatize it
to the exigency of evolving society. Nevertheless, it remains wanting of
equal treatment and fairness to all road users in times of traffic accidents.
More often than not, law-abiding drivers/motorists encountering vehicular
mishaps are solely blamed or even put in jail when the proximate causation
thereof, commonly rooted on neglect or omission, emanated from other road
users. Or, if at all, the causative negligence thereof could be characterized as
either contributory or comparative in nature.

Amidst the abundance of transportation laws, as well as established
traffic rules and regulations, the undersigned earnestly believes that the
fundamental cause as to such society’s frustration and government’s
drawback is the lack of entrenched procedure to be followed by our law
enforcement personnel, in standard manner, while attending to and dealing
with traffic accidents. Undoubtedly, while our law enforcement agencies are
certainly equipped with wisdom and ability to conduct any mishap
investigation, it is the absence of standard protocol which regrettably caused
their detrimental failure, most of the times, to ascertain the negligent party or
the party at fault, thereby reprehensibly servin; ice to the innocent
party. —

(ON. LORETO S. AMANTE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH (20th) CONGRESS
First Regular Session

HOUSE BILLNO.__ 3499

Introduced by HONORABLE LORETO “AMBEN” S. AMANTE
Third (3rd) Legislative District, Province of Laguna

AN ACT PRESCRIBING THE STANDARD INVESTIGATION
PROCEDURE DURING TRAFFIC ACCIDENTS, AMENDING FOR
SUCH PURPOSE CHAPTER IV OF REPUBLIC ACT NO. 4136, AS
AMENDED, OR OTHERWISE KNOWN AS THE “LAND
TRANSPORTATION AND TRAFFIC CODE”, AND FOR SUCH
OTHER PURPOSES

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

SECTION 1. Declaration of Policy.— The State values the dignity of
every human person and guarantees full respect for human rights. And in this
regard, it is the policy of the State to establish a system of efficient and
equitable transportation regulations favorable to the people.

SECTION 2. Chapter IV of Republic Act No. 4136, otherwise known
as the “Land Transportation and Traffic Code”, as amended, is hereby
further amended by adding new Article, Section and Sub-sections, to read as
follows:

“ARTICLE VI
STANDARD INVESTIGATION PROCEDURE
DURING TRAFFIC ACCIDENTS

Section 55-A. _In alll cases of traffic accidents, the following legal
principles shall be applied, unless there is sufficient proof to the contrary—

(a) Res Ipsa Loquitur- __It applies when the result of the
incident itself would show which party is at fault or
negligent that causes the occurrence thereof;

(b) Last Clear Chance- It applies when both parties in an
incident were negligent, but one party has the last clear
opportunity to avoid the accident;


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(d)

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(g)

(h)

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Registered Owner Rule- It holds the registered owner
of a motor vehicle primarily liable for damages caused by
such vehicle, regardless of who was actually driving at
the time of the incident, and notwithstanding unrecorded
motor vehicle transfer/disposal;

Violation of Traffic Rule- It means that a motor vehicle
driver who was violating any traffic law, rule regulation
at the time of the accident is presumed negligent;

Contributory Negligence- If the offended party’s own
negligence contributed to the occurrence of the accident,
any indemnity is reduced, but not barred;

Proximate Cause- It means that the motor vehicle driver
is primarily liable if his/her own negligence had set in
motion the resulting traffic incident;

Sudden Emergency— It applies when a motor vehicle
driver, confronted with a sudden peril of not his own
making, is presumed not negligent if he chooses, in the
agony of the moment, a course of action that a reasonably
prudent person might also take;

Common Carriers Negligence In case of death or injury
of passenger/s, common carrier is presumed to be at fault
or acted negligently;

Previous Violations Rule- It means that a motor vehicle
driver is negligent if, at least twice within the next
preceding two (2) months, he was found guilty of
reckless imprudence or traffic violation rule/s;

Rear Vehicle Fault- It means that the motor vehicle
driver who hit the rear portion of another motor vehicle is
negligent since he/she had the full control of the
situation, being in the position to observe the motor
vehicle in front;

Other doctrines or principles which the Highest Court of
the Land may pronounce subsequent hereof;

Section 55-B. In the event that the traffic incidents involve other
public road user/s, including, but not limited to, pedestrian/s, bicycle rider/s,
e-bikes/scooters/trikes and the like, the following legal principles shall be
applied, unless there is sufficient proof to the contrary—


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(b)

Negligent to Traffic Rules— When the mentioned road
user failed to utilize the designated pedestrian lane/
footbridge in case of pedestrian, or in case of bicycle
rider, e-bikes/scooters/trikes and the like, he/she is not
traversing the rightmost lane of the road, and further in
case of bicycle user, he/she is not wearing safety devices;

Substance-impaired road user— When the mentioned
road user is under influence of liquor, illegal drug or
other prescription medicine;

Section 55-C, Investigation Procedure to follow during a traffic

accident:

(a)

(b)

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(d)

Only a person in authority or law enforcer specifically
deputized by the Department or the LTO to implement
the provisions of this Act and other traffic rules and
regulations shall have the sole authority to conduct the
proper investigation over any traffic incident;

In accordance with his/her investigation vis-a-vis the
legal principles enumerated above, the investigating
officer shall issue an indicative finding, in writing, as to
who is the party at fault or negligent, fully supported with
valid and competent evidence at hand;

In case such indicative finding, as substantiated by
sufficient evidence, establishes that the resulting death,
injury or property damage was not due to the fault or
negligence of the driver, but due to the fault or
negligence of the other driver/s or the other public road
user/s, the former shall not be taken into custody, but his/
her driver’s license shall be confiscated, and both or all
the motor vehicles involved shall be impounded at the
nearest designated impounding facility, for further
investigation and consequent institution of court action/s,
if warranted;

In the event such indicative finding, through sufficient
evidence, discloses that the resulting death, injury or
property damage was due to the fault or negligence of the
driver, he/she shall be taken into custody, together with
the confiscation of his/her driver’s license and
impounding of the motor vehicle at the nearest
impounding facility;


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(h)

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Within a maximum period of twenty-four (24) hours
from such written finding in relation to Item (d) above,
appropriate case/s shall be filed before the proper DOJ-
Public Prosecution Office in order for the latter to
proceed with its Preliminary Investigation as prescribed
by law, together with the corresponding disposition of the
driver-respondent and the motor vehicle involved;

Notwithstanding the foregoing, the involved motor
vehicle shall be held in custodia legis pending the
outcome of the criminal and/or civil proceeding/s
instituted thereby, unless the driver/registered owner/
operator shall post a cash bond of at least Three Hundred
Thousand Pesos (PhP 300,000.00) as security for the
satisfaction if a favorable judgment has been
subsequently rendered by the proper court;

The provisions hereof notwithstanding, the offended
party may institute, at his/her own election,
corresponding civil and/or administrative charges against
the erring driver, or together with the owner/operator,
within the prescriptive period as provided for by law;

In civil suit, the proper court may award actual or
compensatory damages, moral damages, exemplary
damages, litigation expenses and attorneys fees in such
respective amounts discretionary to the court; Provided
that, in awarding actual damages, the same shall not be
less than double the amount of the actual expenses
incurred by the offended party;

In administrative proceeding, the concerned agency may
either suspend the driver’s license of negligent driver for
a period of not less than one (1) year or perpetually
revoke such driver’s license, depending upon the severity
of the offense/s;”

SECTION 3. Separability Clause. If any provision of this Act is declared
invalid or void, the rest of the provisions not affected thereby shall remain in
full force and effect.

SECTION 4. Repealing Clause. - All laws, decrees, executive orders, rules
or regulations, and other issuances, or parts thereof, inconsistent with any
provision of this Act are hereby repealed, amended or modified accordingly.


SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in at least one (1)
newspaper of general circulation.

Approved.