Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

3423

House Bill No.

Introduced by Representative JOEY SARTE SALCEDA

AN ACT
PROTECTING THE RIGHTS OF MOTORISTS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 4136, AND FOR OTHER PURPOSES,

EXPLANATORY NOTE

Concerns about the fairness of implementation of the no-contact apprehension policy of
Jocal government units, as well as the fines and penalties set for violations recorded under such
Policy, have brought to the fore problems about the fairness of implementing traffic rules in the

Once caught, motorists will be fined P2,000 (first offense), P3,000 (second offense) and
4,000 (third offense) for the following violations: disobedience to traffic control signals and signs
obstruction of pedestrian lanes, driving on yellow box, over speeding. non-wearing of helmet for
motoreycle riders, and disregard to lane markings. Meanwhile, a much heavier fine of P3,000
offense). P4,000 (second offense). and P5.000 (third offense) await violators who committed:
counter-flowing reckless driving, and non-wearing of seatbelts.

While penalties related to the safety of others are reasonably punitive, the frequent
complaint of drivers is that the violations are sometimes so vague that any number of violations
can be applied arbitrarily. While there is the MMDA-Traffic Adjudication Division or TAD for
appealing charges with the MMDA, local government units who enforce local traffic laws often

do not have such systems of appeal and adjudication

For drivers of small vehicles who ply routes for a living. as is the case of food deli
riders. a P2,000 first offense penalty could also be confiscatory, comprising as much as a week's
worth of income.



Finally, our main traffic law, as embodied in Republic Act No. 4136, was designed in 1964,
58 years ago. As new modalities of transportation have emerged. and more private vehicles are
now being used as a means of livelihood, fairness in traffic enforcement is now more strongly tied
with economic rights and the dignity of labor.

In view of these, this proposal aims to establish the following:

1. The motorists’ bill of rights, which would outline the limits and parameters of traffic
enforcement and protect the welfare of motorists. including the right to clear definitions of
traffic violations. given the usual complaint that definitions are so arbitrary as to allow any
road movement to be counted as some form of violation:

2. A list of duties of motorists to pedestrians, to ensure the safety of non-motorist users of
roads;

3. A cap on minor local traffic violations, which shall not exceed the minimum wage for the
first count, and twice the minimum wage for every succeeding count:

4, A requirement that all local government units designate an office for traffic adjudication;

5. Motorists who drive vehicles for hire or used for a living. such as food delivery riders, may
appeal for a reduction of penalties based on mitigating circumstances and capacity to pay
or may ask for an alternative form of payment, such as community service:

6. Requirement that the setting of penalties for traffic offenses should be consulted with
stakeholders;

7. Review by the Secretary of Transportation of local traffic penalty schedules; and

8. Annual report by the Secretary of Transportation to Congress on the status of appeals
mechanisms established under this proposal.

In view of the foregoing. the approval of this bill is urgently sought.

JOEY SARTE SALCEDA


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Nineteenth Congress
First Regular Session

House Bill No. 3423

Introduced by Representative JOLY SARTE SALCEDA

AN ACT.

PROTECTING THE RIGHTS OF MOTORISTS, AMENDING FOR THE PURPOSE

REPUBLIC ACT NO. 4136, AND FOR OTHER PURPOSES

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

SECTION 1. A new Article III-A of Republic Act No. 4136, is hereby provided and shall
read as follows:

ARTICLE III-A
MOTORIST RIGHTS AND DUTIES TO PEDESTRIANS:

SECTION 4-4. MOTORIST BILL OF RIGHTS. NOTWITHSTANDING ANY
LAW TO THE CONTRARY, THE DRIVER OF A MOTOR VEHICLE SHALL
HAVE THE FOLLOWING RIGHTS:

1.

THE RIGHT TO TRAFFIC REGULATION BASED ON SOUND
ENGINEERING PRINCIPLES AND PUBLIC CONSENSUS;

THE FREEDOM FROM UNREASONABLE SEARCH AND SEIZURE AND
THE GUARANTEE THAT ALL TRAFFIC STOPS WILL BE BASED ON
PROBABLE CAUSE;

THE RIGHT TO COMPLETE, CL!
OF TRAFFIC VIOLATIONS;
PROTECTION FROM DISCOURTEOUS AND RECKLESS DRIVERS
INCLUDING THOSE WHO DELIBERATELY IMPEDE TRAFFIC, WHO
THREATEN OTHER MOTORISTS WITH THEIR ACTIONS, OR WHO ARE
IMPAIRED OR INCOMPETENT;

FREEDOM FROM UNREASONABLE SURCHARGES, FEES, TAXES, AND
FINES;

R, AND REASONABLE DEFINITIONS



. = RIGHT TO ACCESS TO ALL PUBLIC STRE! ROADS, AND
HIGHWAYS, FREE OF ARBITRARY RESTRICTIONS, EXORBITANT FEES,
OR UNREASONABLE GOVERNMENTAL ATTEMPTS TO DICTATE
PERSONAL MOBILITY CHOICES;

7. FREEDOM FROM DRIVER LICENSE SUSPENSIONS OR REVOCATIONS
FOR NON-DRIVING VIOLATIONS OR M. ERS OF PERSONAL
CONDUCT UNRELATED TO DRIVING;

8. PROTECTION FROM ARBITRARY AND EXPLOITATIVE INSURANCE
INDUSTRY PRACTICES;

9. THE RIGHT TO A FAIR AND IMPARTIAL TRIAL FOR TRAFFIC
OFFENSES, INCLUDING A TRIAL BY JURY IF REQUESTED BY THE
DEFENDANT; AND

10.THE FREEDOM FROM ARBITRARILY DETERMINED AND
CONFISCATORY FEES, CHARGES, AND PENALTIES FOR TRAFFIC
VIOLATIONS.

SECTION 4-B. DRIVER’S DUTIES TO PEDESTRIANS. — THE DRIVER OF THE
MOTOR VEHICLE SHALL RESPECT THE RIGHTS OF COMMUTERS AND
PEDESTRIANS AND SHALL ABIDE BY THE FOLLOWING:

1. 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 ACT;

2. 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 SAFEGUARD THE SAFETY OF THE
PEDESTRIAN;

3. NOTWITHSTANDING ANYTHING TO THE CONTRARY. THIS SECTION
SHALL NOT RELIEVE:

1. A PEDESTRIAN FROM THE DUTY OF 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 A DRIVER OF A
VEHICLE FROM THE DUTY OF EXERCISING DUE CARE FOR THE
SAFETY OF ANY PEDESTRIAN WITHIN ANY MARKE
CROSSWALK OR WITHIN ANY UNMARKED CROSSWALK AT AN
INTERSECTION; OR



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. 2. Section 59 of Republic Act No. 4136 is hereby amended to read as follows:

SECTION 59. (a) Collection of Fees; National and Local Taxes; Toll Fees; CAP ON
PENALTIES. - The collection of all fees, taxes, and fines, under the provisions of this Act
shall be made in accordance with regulations to be prescribed by the LAND
TRANSPORTATION OFFICE [Commissioner and approved jointly by the Auditor
General.

(b) No taxes or fees other than those prescribed in this Act shall be imposed for the
registration or operation or on the ownership of any motor vehicle, or for the exercise of the
profession of chauffeur, by any municipal corporation, the provisions of any city charter to
the contrary notwithstanding: Provided, however, That any provincial board, city or
municipal council or board or other competent authority may enact and collect such
reasonable and equitable toll fees for the use of such bridges and ferries, within their
respective jurisdiction, as may be authorized and approved by the APPROPRIATE
REGULATORY BODY [Secretary of Public Works and Communications), and also for
the use of such public roads, as may be authorized by the President of the Philippines upon
recommendation of the Secretary of Public Works AND HIGHWAYS [and
Communications], but in none of these cases shall any toll fees be charged or collected until
and unless the approved schedule of tolls has been posted legibly in a conspicuous place at
such toll station.

(©) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE PENALTIES
CHARGED BY LOCAL GOVERNMENT UNITS FOR LOCAL TRAFFIC
VIOLATIONS SHALL NOT EXCEED THE MINIMUM WAGE APPLICABLE IN
THE LOCALITY FOR THE FIRST COUNT, AND TWICE THE APPLICAB!
MINIMUM WAGE FOR EVERY SUCCEEDING COUNT, OF TRAFFIC
VIOLATIONS CONSIDERED MINOR, WHICH SHALL INCLUDE THOSE NOT
COVERED BY SECTION 56 OF THIS ACT, AND SUCH OTHER VIOLATIONS AS
MAY BE DETERMINED BY THE LAND TRANSPORTATION OFFICE.

THE LAND TRANSPORTATION OFFICE IN THE CASE OF VIOLATIONS OF
NATIONAL LAWS, AND LOCAL GOVERNMENT UNITS, IN THE CASE OF
VIOLATIONS OF LOCAL TRAFFIC LAWS, SHALL DESIGNATE AN OFFICE
AND PROVIDE FOR A MECHANISM FOR THE HEARING AND
ADJUDICATION OF CONTEST OF CHARGES BY THE DRIVER.



THE DRIVER OF A VEHICLE FOR HIRE, OR A VEHICLE OTHERWISE USED,
AS AUTHORIZED BY LAW AND APPROPRIATE REGULATIONS, TO CONVEY
PASSENGERS AND GOODS FOR A FEE INURING TO THE DRIVER, AS IN THE
CASE OF TRANSPORT NETWORK VEHICLE SERVICES, WHO ARE
CHARGED WITH MINOR VIOLATIONS, MAY APPEAL FOR A
REEVALUATION OR REASSESSMENT OF THE CHARGE, A REDUCTION OF
PENALTIES BASED ON MITIGATING CIRCUMSTANCES OR INCAPACITY TO
PAY, OR ALTERNATIVE FORMS OF RESTITUTING THE PUBLIC, SUCH AS
COMMUNITY SERVICE. THE LAND TRANSPORTATION OFFICE IN THE
CASE OF VIOLATIONS OF NATIONAL LAWS, AND LOCAL GOVERNMENT
UNITS, IN THE CASE OF VIOLATIONS OF LOCAL TRAFFIC LAWS, SHALL
DESIGNATE AN OFFICE AND PROVIDE FOR A MECHANISM FOR THE
HEARING AND ADJUDICATION OF SUCH APPEALS.

THE SECRETARY OF TRANSPORTATION SHALL EVALUATE THE
OPERATION OF SUCH APPEALS MECHANISMS REGULARLY. A REPORT ON
‘THE PROVISION AND OPERATION OF SUCH APPEALS MECHANISMS SHALL
BE SUBMITTED BY THE SECRETARY OF TRANSPORTATION TO THE
CONGRESS ON OR BEFORE JUNE 30 OF EVERY YEAR.

(D) THE SETTING OF RATES OF TRAFFIC FINES AND PENALTIES IMPOSED
BY BOTH NATIONAL AND LOCAL GOVERNMENT AGENCIES SHALL BE
SUBJECT TO A REQUIREMENT OF PUBLIC CONSULTATION WITH DULY
ORGANIZED MOTORIST, COMMUTER, OPERATOR, AND OTHER CIVIL
SOCIETY AND ACADEMIC GROUPS. THE CONGRESS, THROUGH THE
COMMITTEE ON TRANSPORTATION, SHALL BE FURNISHED COPIES OF
EACH NEW NATIONAL GOVERNMENT AGENCY ISSUANCE AMENDING THE
RATES OF TRAFFIC FINES AND PENALTIES. THE SECRETARY OF
TRANSPORTATION SHALL REVIEW THE RATES SET BY LOCAL
GOVERNMENT UNITS FOR COMPLIANCE WITH THIS SECTION.

ivity Clause. — This Act shall take effect after fifteen (15) days following its
Gazette or in two (2) newspapers of general circulation whichever comes

SEC. 3. Effect
publication in the Offi
earlier.

Approved,