Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1269

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

EXPLANATORY NOTE

Road crash statistics have been significantly increasing over the years and has
resulted in thousands of deaths'. Road safety is an issue that continues to elude
as we see the numbers spike. In 2015, over ten thousand (10,000) people died”
due to road crashes.

This number could be avoided, or lessened at the very least, if motor vehicles
keep to the maximum load of their vehicles. Cases of overloading are prevalent
in the country so much so that our government has implemented a law
penalizing the overloading of trucks and other vehicles as Republic Act 87947. In
recent events, a bus crash’ in Nueva Ecija this April 2017 involved a minibus that
transported 77 people but only had a seating capacity of 45 persons. 33 people
died in the unfortunate accident as a result.

This bill proposes to support the measures that prevent this sort of incidents by
increasing the penalty for overloading of passengers among carriers that
transport both passengers and goods. The bill also takes wisdom from Republic
Act 41367 in determining the registered carrying capacities of the vehicles and
setting apt penalties accordingly. |

The approval of this bill is earnestly sought.

LUI R; IND F. VILLAFUERTE, JR.

http fnew gmanetworkcomineus/newsination/203718/overloaded-vehicles banned-on-nat--roadsstarting-feb-\/story/
http. Wennphiippines.com/news/2017/04/19/Nueva-Eclja-bus-crash. html
http:/fwww officialgaztte.gov.phil 964/06/20/republicact-no-8136/


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
First Regular Session

HOUSE BILL NO. 1269

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

AN ACT
INCREASING THE PENALTY FOR OVERLOADING OF PASSENGERS
AND/OR
FREIGHT OR CARGO IN COMMON CARRIERS BEYOND THE
REGISTERED CARRYING CAPACITY

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

SECTION 1. Short Title. — This Act shall be known as the "Anti-Overloading Act of
2017".

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to
ensure the safety and protection of the riding public as far as human care and
foresight can provide.

SECTION 3. Definition of Terms. -

a. Cargo — refers to goods, articles, commodities or merchandise carried;

b. Common Carrier — as defined in Article 1732 of the Civil Code, it refers to
“persons, corporations, firms, or associations engaged in the business of
carrying or transporting passengers or goods or both, by land, water, or air, for
compensation, offering their services to the public"

c. Overloading — refer to the act of loading people over and above the registered
carrying capacity of the covered vehicle;


d. Passenger — is any fare paying person being transported and conveyed in and
by a motor vehicle for transportation of passengers for compensation, including

persons expressly authorized by law or by the vehicle's operator or his agents
to ride without fare.

SECTION 4. Prohibited Acts. — No owner, operator, driver, conductor, and other
persons responsible for the transportation shall allow more passenger or more freight
or cargo in his vehicle than its registered carrying capacity as determined under
Republic Act No. 4136 or the "Land Transportation and Traffic Code".

SECTION 5. Penalties. -

a. Carrying more passengers beyond the registered carrying capacity as
determined under Republic Act No. 4136 or the "Land Transportation and
Traffic Code"

a. First Offense — a fine in the amount of Ten Thousand Pesos (Php
10,000) and suspension of the franchise and driver's license of the
driver,

b. Second Offense — a fine in the amount of Thirty Thousand Pesos (Php
30,000) and suspension of the franchise and driver's license of the
driver;

¢. Third Offense — a fine of Fifty Thousand Pesos (Php 50,000) and
revocation of the franchise and driver's license of the driver.
b. Operating a passenger bus/truck with cargo exceeding 160 kilograms

a. First Offense — a fine in the amount of Ten Thousand Pesos (Php
10,000) and suspension of the franchise and driver's license of the
driver;

b. Second Offense — a fine in the amount of Thirty Thousand Pesos (Php
30,000) and suspension of the franchise and driver's license of the
driver;

c. Third Offense — a fine of Fifty Thousand Pesos (Php 50,000) and
revocation of the franchise and driver's license of the driver.

If the act of overloading results in the death of any passenger, the penalty of prison

correctional or an imprisonment of two (2) years and one (1) day to six (6) years shall

be imposed


The imposition of the foregoing fines and penalties shall be without prejudice to any
criminal action that may be instituted under existing laws, rules and regulations.

SECTION 6. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof,

SECTION 7. Repealing Clause. — All laws, decrees, executive orders and rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 8. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,