Republic of the Philippines
House of Representatives
Quezon City

NINETEENTH CONGRESS

First Regular Session

3129

House Bill No.

Introduced by Representative Jernie Jett V. Nisay

EXPLANATORY NOTE

Initiatives to address the worsening transport crisis tend to dominate the public
discourse and remedial measures proposed are primarily centered on alleviating the
plight of motonsts and commuters. Conveniently sidelined in the race to identify and
propose solutions to the traffic problem are the pedestrians whose protection appear to
be neglected and whose safety, when compromised on any road, are merely relegated
as ordinary traffic incidents,

‘The root causes of road traffic deaths and injuries are often overshadowed by
the growing conundrum of vehicular traffic. Measures to effectively address road traffic
deaths and injuries have not been seriously considered and pushed with steadfastness.
As a result, deaths and injuries associated with road traffic continue to rise and have
reached alarming levels in recent years.

In its Global Status Report on Road Safety released in 2018. the Worid Health
Organization (WHO) reported that road traffic deaths continue to rise in the Philippines,
with an estimated 12,690 deaths in 2016. About haf of the number of road traffic deaths
involved vulnerable road users such as motorcyclists, cyclists and pedestrians.:

‘The WHO considers road traffic injuries as a major but neglected public health
challenge. It underscores that unsafe road traffic systems are seriously harming global
public health and development. It contends that the level of road traffic injury is
unacceptable but itis largely avoidable.

Indeed, a serious effort to put in place an effective and sustanable prevention
measure is now imperative. This effort can commence by enhancing our archaic traffic
laws, according to paramount consideration to the protection and safety of pedestrians,
penalizing any person who violates the traffic laws, and mandating the training of
violators.



ee

Republic of the Philippines
House of Representatives
Quezon City

NINETEENTH CONGRESS
First Regular Session

3129

House Bill No.

AN ACT
STRENGTHENING THE PROTECTION AND SAFETY OF PEDESTRIANS,
FURTHER AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 4136,
AS AMENDED, OTHERWISE KNOWN AS THE LAND TRANSPORTATION

AND TRAFFIC CODE, AND FOR OTHER PURPOSES.

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

SECTION 1. This Act shall be known as the "Pedestrian Safety Act.”

SEC. 2. Declaration of Policy. — Itis hereby declared the policy of the State
to provide and ensure safe and convenient pedestrian travel and access, whether
by foot, wheelchair, walker, stroller, or any other similar means. To this end, the 14
State shall provide convenient and safe passage for pedestrians on and across all
streets and highways and reduce pedestrian fatalities and injuries.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms
shall be understood as follows:

(a) Crosswalk is that part of the roadway set aside for pedestrian traffic;

(b) Intersection is any place where one line of roadway meets another
roadway. Intersections include cross streets, side streets, alleys, freeway entrances,
and any other location where vehicles traveling on different highways or roads join
each other;

(c) Pedestrian is a person on foot or who uses a conveyance such as roller
skates, skateboard, wheelchair, etc., other than a bicycle.


SEC 4. Right-of-Way of Pedestrians. — A new Article of the Land
Transportation and Traffic Code, as amended, is hereby added after Article Ill to
read as follows:

ARTICLE III-A.
RIGHTS-OF-WAY OF PEDESTRIANS

“SEC. 44-A, RIGHT-OF-WAY OF PEDESTRIANS. - (A) THE DRIVER OF A
VEHICLE SHALL YIELD THE RIGHT-OF-WAY TO A PEDESTRIAN
CROSSING THE ROADWAY WITHIN ANY MARKED CROSSWALK OR
WITHIN ANY UNMARKED CROSSWALK AT AN INTERSECTION,
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.

"(B) THE DRIVER OF A VEHICLE APPROACHING A PEDESTRIAN
WITHIN ANY MARKED OR UNMARKED CROSSWALK SHALL
EXERCISE ALL DUE CARE AND SHALL REDUCE THE SPEED OF THE
VEHICLE OR TAKE ANY OTHER ACTION RELATING TO THE
OPERATION OF THE VEHICLE AS NECESSARY TO ENSURE THE
SAFETY OF THE PEDESTRIAN.

“(C)NOTWITHSTANDING THE PROVISION OF ANY LAW TO THE
CONTRARY, THIS SECTION SHALL NOT RELIEVE:

"1. A PEDESTRIAN FROM USING DUE CARE FOR HIS OR HER SAFETY.
NO PEDESTRIAN SHALL SUDDENLY LEAVE A CURB OR OTHER
PLACE OF SAFETY AND WALK OR RUN INTO THE PATH OF A VEHICLE
THAT IS SO CLOSE AS TO CONSTITUTE AN IMMEDIATE HAZARD. NO
PEDESTRIAN SHALL ALSO UNNECESSARILY STOP OR DELAY
TRAFFIC WHILE IN A MARKED OR UNMARKED CROSSWALK; AND

"2. A DRIVER OF A VEHICLE FROM THE DUTY OF EXERCISING DUE
CARE FOR THE SAFETY OF ANY PEDESTRIAN WITHIN ANY MARKED
CROSSWALK OR WITHIN ANY UNMARKED CROSSWALK AT AN
INTERSECTION.

“SEC. 44-B. REMOVAL OF CROSSWALKS. - (A) AN EXISTING MARKED
CROSSWALK MAY NOT BE REMOVED UNLESS NOTICE AND
OPPORTUNITY TO BE HEARD IS PROVIDED TO THE PUBLIC NOT
LESS THAN THIRTY (30) DAYS PRIOR TO THE SCHEDULED DATE OF
REMOVAL. IN ADDITION TO ANY OTHER PUBLIC NOTICE
REQUIREMENTS, THE NOTICE OF PROPOSED REMOVAL SHALL BE
POSTED AT THE 37 CROSSWALK IDENTIFIED FOR REMOVAL.

"(B) THE NOTICE REQUIRED BY SUBSECTION (A) ABOVE SHALL
INCLUDE, BUT NOT BE LIMITED TO, NOTIFICATION TO THE PUBLIC
OF THE FOLLOWING:


“1. THAT THE PUBLIC MAY PROVIDE COMMENTS OR INPUTS
RELATING TO THE SCHEDULED REMOVAL; AND

“2. THE FORM AND MANNER OF PROVIDING THE COMMENTS OR
INPUTS AUTHORIZED UNDER PARAGRAPH (1) ABOVE.

“SEC. 44-C. PROHIBITED OVERTAKING AT
INTERSECTIONS. - WHENEVER ANY VEHICLE HAS STOPPED AT
MARKED CROSSWALK OR AT ANY UNMARKED CROSSWALK AT AN
INTERSECTION TO PERMIT A PEDESTRIAN TO CROSS THE
ROADWAY, THE DRIVER OF ANY OTHERVEHICLE APPROACHING
FROM THE REAR SHALL NOT OVERTAKE AND PASS THE STOPPED
VEHICLE.

“SEC. 44-D. DRIVING OVER SIDEWALKS. - THE DRIVER OF ANY
MOTOR VEHICLE, PRIOR TO DRIVING OVER OR UPON ANY
SIDEWALK, SHALL YIELD THE RIGHT-OF-WAY TO ANY PEDESTRIAN
APPROACHING THEREON.

“SEC. 44-E. UNDERPASS AND OVERPASS. - WHENEVER ANY
PEDESTRIAN CROSSES A ROADWAY OTHER THAN BYMEANS OF A
PEDESTRIAN TUNNEL OR OVERHEAD PEDESTRIAN CROSSING, IF A
PEDESTRIAN TUNNEL OR OVERHEAD CROSSING SERVES THE
PLACE WHERE THE PEDESTRIAN IS CROSSING THE ROADWAY,
SUCH PEDESTRIAN SHALL YIELD THE RIGHT-OF-WAY TO ALL
VEHICLES ON THE ROADWAY SO NEAR AS TO CONSTITUTE AN
IMMEDIATE HAZARD.

“THE PROVISION OF ANY LAW To THE
CONTRARYNOTWITHSTANDING, THIS SECTION SHALL NOT BE
TAKEN AS A PROHIBITION AGAINST THE PROVISION OF
CROSSWALKS WHERE A PEDESTRIAN TUNNEL OR OVERHEAD
CROSSING EXISTS, SHOULD PUBLIC NECESSITY AND SAFETY
DICTATE.

“SEC. 44-F. INSTANCES WHERE PEDESTRIANS SHALL YIELD TO
VEHICLES. - EVERY PEDESTRIAN UPON A ROADWAY AT ANY POINT
OTHER THAN WITHIN A MARKED CROSSWALK OR WITHIN AN
UNMARKED CROSSWALK AT AN INTERSECTION SHALL YIELD THE
RIGHT-OF-WAY TO ALL VEHICLES UPON THE ROADWAY SO NEAR AS
TO CONSTITUTE AN IMMEDIATE HAZARD: PROVIDED, THAT, THE
DRIVER OF A VEHICLE SHALL CONTINUE TO EXERCISE DUE CARE
FOR THE SAFETY OF ANY PEDESTRIAN UPON A ROADWAY.

"SEC. 44-G. CROSSING ON CROSSWALKS. - BETWEEN ADJACENT
INTERSECTIONS CONTROLLED BY TRAFFICCONTROL SIGNAL


DEVICES OR BY POLICE OFFICERS OR TRAFFIC ENFORCERS,
PEDESTRIANS SHALL NOT CROSS THE ROADWAY AT ANY PLACE
EXCEPT IN A CROSSWALK.

“SEC. 44-H. ROADWAYS. - (A) NO PEDESTRIAN MAY WALK UPON ANY
ROADWAY OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT
OTHER THAN CLOSE TO HIS OR HER LEFT-HAND EDGE OF THE
ROADWAY.

“(B) A PEDESTRIAN MAY WALK CLOSE TO HIS OR HER RIGHT-HAND.
EDGE OF THE ROADWAY IF A CROSSWALK OR OTHER MEANS OF
SAFETY CROSSING THE ROADWAY IS NOT AVAILABLE OR IF
EXISTING TRAFFIC OR OTHER CONDITIONS WOULD COMPROMISE
THE SAFETY OF A PEDESTRIAN ATTEMPTING TO CROSS THE ROAD.

“SEC. 44-1. SOLICITATION OF RIDES. - NO PERSON SHALLSTAND IN
A ROADWAY WHICH IS NOT AN AUTHORIZED LOADING AND
UNLOADING ZONE FOR THE PURPOSE OF SOLICITING A RIDE FROM
THE DRIVER OF ANY VEHICLE.

"SEC. 44-J. PENALTIES. - (A) THE DRIVER OF A VEHICLE THAT
VIOLATES THE PROVISIONS OF THIS ACT SHALL BE PUNISHED BY A
FINE RANGING FROM PHP2,000.00 TO PHP20,000.00;

"(B) A PEDESTRIAN FOUND TO BE VIOLATING THE PROVISIONS OF
THIS ACT SHALL BE PUNISHED BY A FINE RANGING FROM
PHPI,000.00 TO PHPI0,000.00.

“THE FINES IMPOSED HEREIN SHALL BE WITHOUT PREJUDICE TO
ANY OTHER CRIMINAL, CIVIL, OR ADMINISTRATIVE CASE THAT MAY
BE FILED AGAINST THE OFFENDER.

“SEC. 44-K. TRAINING WITH TESDA. - ANY PERSON WHO HAS
VIOLATED THE PROVISIONS OF THIS ACT SHALL, IN ADDITION TO
THE PENALTIES PRESCRIBED IN SECTION 44-J, BE REQUIRED TO
UNDERGO THE APPROPRIATE TRAINING OR REFRESHER COURSE
WITH THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT
AUTHORITY (TESDA)."

SEC. 5. No Contact Apprehension. — To ensure the documentation of
violations, the apprehension of offenders, and the imposition of the appropriate
penalties provided under this Act even in the absence of traffic enforcers or police
officers onsite, closed-circuit television (CCTV) systems shall be installed at
crosswalks, intersections, and such portions of roadways as may be deemed
necessary for the proper monitoring of motorists and pedestrians. For this purpose,
the installation and maintenance of CCTV systems shall be the responsibilty of the
Department of Public Works and Highways (DPWH), for national roads; and the


local government units (LGUs), for provincial, municipal, and barangay roads.
Provided, That LGUs may enter into Public-Private Partnership Agreements for the
installation and operation CCTV systems in their respective jurisdictions subject to
their compliance with the provisions of Republic Act (RA) No. 6957, as amended by
RA No. 7718, and its Implementing Rules and 14 Regulations.

The procedure for issuing citations for violations and enforcement of
penalties shall be provided in the rules and regulations implementing the provisions
of this Act.

SEC. 6. Information Campaign. — The Department of Transportation
(DOTr) shall conduct sustained information and education drives aimed at
enhancing pedestrian and driver education.

The DOTr and the Land Transportation Office shall also closely coordinate
with the TESDA for the establishment of a training program for drivers and
pedestrians consistent with the provisions of this Act.

SEC. 7. Funding. — The funds necessary for the initial implementation of
this Act shall be charged against the current appropriation of the DOTr. Thereafter,
such amount as may be necessary for the continued implementation of this Act shall
be included in the annual budget of the DOTr under the General Appropriations Act.

SEC. 8. Implementing Rules and Regulations. — The DOTr, in
consultation with the appropriate stakeholders and in coordination with the relevant
government agencies that regulate traffic, shall promulgate the implementing rules
and regulations within sixty (60) days from the effectivity this Act.

SEC. 9. Separability Clause — If, for any reason, any part or provision of
this Act is declared invalid or unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect.

SEC. 10. Repealing Clause - Section 42(c) of Republic Act No. 4136,
otherwise known as the Land Transportation and Traffic Code, as amended, is
hereby repealed. Alll other laws, presidential decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 11. Effectivity — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette, or in a newspaper of general circulation.
Approved.