6.

Pursuit and Traffic Enforcement

Traffic Management 7. Stopping and approaching Violators
8. Road Check

& Investigation Traffic Supervision –

- in traffic rules and regulation
- to assure safe and efficient movement of vehicles materials and personnel
TRAFFIC MANAGEMENT to destinations over streets and highways.

Traffic Management – is the process of Motor vehicle traffic supervision include

- controlling, - periodic motor vehicle inspections, motorcycle and pedestrian safety.
- directing and monitoring traffic flow of motor vehicle - identification and surveillance of mishap locations,
- to insure safe and - traffic engineering services,
- efficient movement of vehicle. - police traffic services and records and
- mishap investigation and reporting.
Five Pillars of Traffic Management
1. Enforcement This is definitely a Police Work
2. Education 1. Traffic Accident Investigation
3. Engineering 2. Traffic Law Enforcement
4. Economic 3. Traffic Direction and Control
5. Environment
Traffic Law Enforcement –
Enforcement Process a) the action taken by the police
1. Detection b) the court to compel obedience to traffic laws and ordinances
2. Apprehension c) regulating the use and movement of motor vehicles
3. Prosecution d) for the purpose of creating a deterrent to unlawful behavior by all potent
4. Adjudication violators.
5. Penalization
Responsibility of Traffic Officer
Kinds of Enforcement Action 1. Enforcing traffic law.
1. Traffic Arrest 2. Directing and controlling traffic
2. Traffic Citation 3. Providing assistance to motorist,
3. Decision of Enforcement 4. Investigation of traffic accidents,
4. Traffic Patrol 5. Provision of emergency assistance at traffic accidents,
5. Traffic Observation Techniques
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 6. Gathering traffic related information and providing instruction in
traffic laws and safety.
Enforcement of Traffic Legislation - is the area of activity aimed at
controlling road user behavior by preventive, persuasive and punitive method
in order to effect the safe and efficient movement of traffic.
Highways/Traffic Ways –
- shall mean every public thoroughfares, boulevards, driveway, avenue,
park, alleys and callejo
- BUT NOT include roads upon grounds owned by a private person,
- colleges/universities or other similar institution.
Road - the “part of a traffic” way which includes both
a) the roadway, which is the traveled part, and
b) any shoulder alongside the roadway.
c) Where there are uncountable curbs,
d) the road and roadways are the same.
e) If there is a guardrail, the road is considered to extend to the guardrail.
Roadway – that “portion of a highway” improved, designed or ordinarily
used for vehicular travel, exclusive of the term of shoulder. In “roadway” as
used herein shall refer to any such roadway collectively. IF there is a curb
the roadway is consider to extend the curb; here roadway may include lanes
commonly used for parking, IF there is a paved shoulder, the roadway may
be distinguished from the shoulder mainly by a painted line marking the edge
of the roadway.
Traffic – the movement or the passing back and forth of people and vehicle
along the traffic ways.
Objectives of Traffic Law Enforcement
1. To prevent violation of traffic laws (Preventive)
2. To persuade road users to avoid traffic accidents (Persuasive)
3. To apprehend and punish traffic offenders (Punitive)
Primary Goals of Enforcement:
1. Increase safety level
2. Increase traffic efficiency
Traffic Laws Enforcement is therefore meant to achieve the same
movement of all road users including pedestrians, and the free flow of traffic. It
is interesting to note that there can be a degree of conflict between these two
goals.
Laws Applicable in Enforcing the Traffic Rules
1. R.A. 4136 (Laws in Traffic and Traffic Code)
2. Civil Administrative Code (Public Srv. Law) Law for Hire Vehicle)
3. RA 6539 (Anti Carnapping Act of 1972)
4. P.D. LOI – Letter of Instruction and LTO Memorandum Instructional.
Traffic Administration of the Philippines:
Traffic Administration in the Philippines is being undertaken by a number
of agencies of the government sector, both civilian and the military organization.
The major agencies that work in concern to bring about safety and orderly
movement of people and goods in highways are as follows:
1. Department of Transportation and Communication (DOTC). This
department is the primary policy, planning, programming coordinating,
implementing, regulating and administrative entity of the executive branch
of the government of the promotion, development, regulating of a
dependable and coordinated network of transportation and
communications.
2. Department of public works and Highways (DPWH). This department is
charged with the responsibility of management of roads to include the
construction m maintenance and repair of roads.
3. Traffic commands (TRAFCOM)
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 4. Land Transportation Office (LTO)
Kinds of Enforcement Action:
1. Arrest – traffic arrest is an enforcement action, which consist of taking
person into custody for the purpose of holding or detaining him to answer
a charge of law violation before a car. Arrest is made when the offense is
serious driving without driver’s license, under the influence of liquor or
drug.
2. Impounding of motor vehicle – physical impounding, is a an enforcement
action where in the custody of motor vehicle itself is being confiscated.
Before impounding a motor vehicle physically, its accessories should be
properly inventoried first so that the driver/operator will not think that
complaining about one of those accessories were missing afterwards
Vehicle which need physical impounding are the following:
1. Suspected hot car or carnapped motor vehicle.
2. Dilapidate or running coffins (Sec. 16 of RA No. 4136
3. Vehicle containing contraband.
4. Vehicle used in the commission of crimes/s
Symbolic Impounding is an enforcement action where in the motor
vehicle’s license.
3. Warning - a traffic Law Enforcement which that does not contemplate
possible assessment of penalty by the court or otherwise as result of
warning alone.
4. Issuance Enforcement – which required the issuance of a citation ticket
or Temporary Operators Permit (TOP) in you of drivers licenses or license
confiscated.
Decision Enforcement Action
1. Stability of establishing – policy including tolerance.
2. Factors considered
a. degree of violation (Serious or minor violation)
b. accuracy of observation (Used of mechanical or electronic measuring
devices.
c. Continuos or monetary action factors in some types of violation.
d. Traffic and weather condition
e. Evidence gathered
f. A new law or not the later request period in some types of violation.
Manner of Apprehension
1. Signal the driver to stop, stopping most be done in safety to you. The driver
you stop to other and pedestrian approach is preferably from the other side
from the rear one must be alert for the unexpected .
2. We informed the violator of the violation committee.
3. Prepare the TOP on the spot to prevent being misinterpreted in for a fix,.
4. You advice the violator how to settle the case.
Why the Violators Violate Traffic Law
1. Physical stability or infirmity
2. Ignorance of Traffic Law
3. Mental disorders
4. Lack of training and experience
5. Wrong attitudes towards Traffic Law
6. Closeness to power which causes them to be habitual traffic violator
7. Drivers of public utility vehicles for increase compensation or commission.
TRAFFIC ACCIDENT
Traffic Accident Investigation – is defined as careful or systematic inquiry into
the facts and circumstances of the accident in order to discover the cause.
Traffic Accident – is
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a) the occurrence in a sequence of event
b) that usually produce an intended injury, (Non Fatal Accident)
c) that usually produce an death (fatal accident)
d) that usually produce an property damage. (Damage of Property) Stages of Accident
1. Point of Possible Perception – the time and place at which the unusual or
Classification of Traffic Accident
unexpected movement or condition could have been perceived by a normal
a. Fatal Accident – If accident causes death. person.
b. Non fatal – if accident causes injuries 2. Point of perception – the time and place at which the toad user recognized a
c. Damage to Property – if the accident causes only damages on motor danger or perceived hazards.
vehicle involve of fix objects without injuries or death.
3. Point of No Escape – That place and time beyond which a traffic accident
cannot be prevented.
Type of Accident Cause 4. Key event – the most important event which occurs to each traffic unit
A. Direct Cause – Negligent by a road use at the time of the accident involved in an accident. There are the type of Key Event; the one that occurs
first is the key event for any give traffic unit.
Four Kinds of Direct Cause
1. Speed Traffic Police Officer in time of traffic Accident
2. Initial Position or road position a. Protect life and property
a. Unusual Action (Skidding, running to the ditch) b. Protect accident scene
b. Illegal Action (Driving on wrong place) c. Determine the cause of accident
c. Hazardous action (Double parking) d. Located drivers and witnesses
d. Improper action (Driving to a service station to a void stopping to e. Take photo measurement and sketches
intersection) f. Determine the exact location of the accident occur
e. Delayed perception g. Coordinate the immediate removal of the vehicle involved
f. Faulty evasive action h. Evaluate evidences
i. Make an action against the violator
B. Mediate Cause – unsafe vehicle j. Initiate charges
C. Early Causes – failure to create proper provisions on traffic k. Make a report

Motor Vehicle Accident – Occurs on the street, road or highway

Motor Vehicle Non- Traffic Accident – Occurs in private drive way

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Non- Motor Vehicle Traffic Accident – occurs any where but no motor 2. Drove carefully on way
vehicle involve. 3. Parked properly at scene

Direct causes of Vehicular Traffic Accident II. Car for injured

1. Speed 1. Made immediate inquiry for Injuries
2. Driver attitude (reckless) 2. Provide first aid, or for medical attention
3. Vehicular malfunction/defect 3. Handled injured properly
4. Road condition 4. Safeguard properly of injured
5. Road hazards
6. Perception factor III. Safe guard Scene
1. Took precautions to prevent further accident
Chain of Events in Vehicular Accident 2. Provide for orderly handling of traffic
1. Perception Hazard 3. Obtain required held in handling accident
2. Start of Evasive action 4. Prevented destruction of evidence
3. Initial Contact 5. parked car thoughtfully
4. Maximum Engagement
5. Disengagement IV. Determine If Hit-and-Run
6. Stopping 1. Quickly located drivers
7. Injury 2. Kept drivers under surveillance
3. If Hit-And-Run, took proper immediate steps
Doctrine “Last Clear Change”
V. Interview Principals (Drivers)
This serve the conduct of all drivers. In plain language, I means the 1. Questioned each separately first
drive who is the better position to prevent accident shoulders the 2. Observes condition of drivers
responsibility of preventing the accident. The prevention of an accident is the 3. Listened to drivers story
first responsibility of all drivers. 4. Took notes on drivers story
5. Questioned driver about accident
TRAFFIC INVESTIGATION
VI. Seek and Interview Witnesses
1. Made proper search for witnesses
Steps in Traffic Accident Investigation 2. Techniques used in search for witnesses
3. Approach to witness
I. Get to Scene Quickly and Safety 4. Listened witness story
1. Responded immediately to call 5. Questioned witness on pertinent information
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 6. Asked witness to write out his statement
7. Asked for witness signature to statement taken
8. Handled witness interview properly
VII. Examine physical conditions
1. Checked position of vehicles on roadway
2. Check traffic control devices
3. Checked damage to vehicles
4. Checked brake of vehicles
5. Checked obstruction to view
6. Checked condition of roadways
7. Checked marks, material on roadway surface
VIII. Compare Statement of Drivers and Witnesses
1. Checked statement against each other
2. Checked with drivers and or witnesses on statement inconsistent
with each other or physical conditions.
3. Decision at this point, tentatively at least, on any physical or law
involved.
IX. Witnesses Report Statement In Presence of Drivers and Investigators
1. Brought drivers and witness together
2. Stories repeated in presence of each and investigators
3. Drivers permitted to reply to statement made
4. Procedure handled tactfully by investigators.
X. Secure written Statement of Drivers
1. Drivers asked to writ out their story
2. Drivers asked to sign statement they made
3. Signed statement obtained
4. Procedure handles efficiently by investigators
Take Photograph and Measurements
1. Proper Photos taken
2. Tire and skidmarks1 tied in with vehicles
3. Marks properly measured
4. Diagram of accident made out , both drivers sigh it.
XI. Take appropriate Enforcement Action
1. Investigator identified violations involved
2. Proper charges placed against violator
3. Evidence obtained to satisfy all elements of charge made
4. Investigator detected all pertinent evidence
XII. Obtain complete factual data
1. All pertinent data on accident obtained
2. All obtained data factual
3. On the scene notes taken by investigators
4. Complete investigation made by investigators.
XIII. Pre-Report Follow-up
1. Mechanical inspection of vehicle made
2. Participants, not at scene interviewed
3. Witnesses, not a scene interviewed.
4. All other follow-up requirement mad
XIV. Write Up Report
1. Investigator obtained sufficient data
2. Investigator obtained accurate data
3. Proper diagram included In report
4. Sound opinions also included in report
5. Finished report meets needs of Department records
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Marks found in traffic accident (1. Skidmark 2. Skip Mark 3. Scuffmarks 4. Yaw mark and 5. Gas skid)
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GLOSSARY
1. Traffic – pedestrian ridden, or herded animals, vehicle streets car, and
other conveyance either signly or together while using any highway for
purposes of travel.
2. Traffic unit – an element of traffic; a person using a traffic way for travel
or transportation; vehicle, pedal cyclist, pedestrian, etc.
3. Vehicle – every device in upon or by which any person or property is to
may be transported or drawn upon a highway, excepting devices moved by
human power or used exclusively upon stationary rails or trucks.
4. Pedestrian – any person a foot, any person not in or upon a motor vehicle
or other road vehicles.
5. Traffic way – the entire width between property lines or other boundary
lines, or every way or place of which any part is open o the public for
purposes of vehicular travel as matter of right or custom. All highways
are traffic ways but traffic ways include also some areas on private
property such as shopping center.
6. Highway – the entire width between the boundary lines of every way
publicly maintained when any part there of is open to the use of public for
purposes of vehicular travel, a street, a publicly maintained traffic way.
7. Road – the part of a traffic way which includes both the roadway, which is
the traveled part, and any shoulder alongside the roadway. Where there
are uncountable curbs, the road and roadways are the same. If there is a
guardrail, the road is considered to extend to the guardrail.
8. Roadway – that portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the term of shoulder. In “roadway”
as used herein shall refer to any such roadway collectively. If there is a
curb the roadway is consider to extend the curb; here roadway may
include lanes commonly used for parking, if there is a paved shoulder, the
roadway may be distinguished from the shoulder mainly by a painted line
marking the edge of the roadway.
9. Traffic accident – an accident involving travel transportation on a traffic way.
10. Motor vehicle accident – an accident involving a motor vehicle in transport,
but not involving aircraft or water crafts.
11. Motor-vehicle traffic accident – any motor-vehicle accident that occurs on a
traffic way or that occurs after the motor vehicle runs off roadway but before
events are stabilized.
12. Perception delay – the time from the point of possible perception to actual
perception.
13. Point of no escape – the place and time after or beyond which the accident
cannot be presented by a particular traffic unit.
14. Point of possible perception – the place and time of which the hazard could
have been perceived by a normal person. It precedes actual perception and is
the beginning of perception delay.
15. Impact – the striking of one body against another; a collision of vehicle with
another vehicle a pedestrian or some other objects.
16. Momentum – mass or weight times velocity or speed; Momentum is a vector
quantity.
17. Velocity – time rate of change of position which direction as well as rapidity is
an element; distance divided by time if velocity is constant; a vector quantity
measured in feet per second (ft per sec) or meters per second (m per sec) v-d/t.
18. Middle ordinate – the perpendicular distance between an arc and its chord at
the middle of the chord.
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19. Modifier – a circumstance that alters an attribute permanently or
temporarily.
20. Triangulation – methods of locating a spot in an area by measurements
from two or more reference points, the location of which are identified for
future reference. Compare with “coordinates”.
21. Causes – the combination of simultaneous and sequential factors without
any one of which result could not have occurred.
22. Primary causes – a misnomer loosely applies to the most obvious or easily
explained factor in the cause of an accident or the most easily modified
condition factor.
23. Attribute – any inherent characteristics of a road, a vehicle or a person that
affects the probability of a traffic accident.
24. Factor – any circumstances contributing to a result without which the
result could not have occurred; an element which is necessary to produce
the result, but not, by itself, sufficient; operational factor, conditional
factor.
25. Drag factor – a number representing the acceleration or deceleration of a
vehicle or other body as decimal fraction of the acceleration of gravity; f-a
/g; the horizontal force needed to produce acceleration in the same
direction divided by the weight of the body to which the force is applied.
When a vehicle slides with all wheels locked, the coefficient of friction
and the drag factor have the same value.
26. Operational factor – functional failure of the high way transportation
system that contribute to the cause of traffic accident. The failures may be
malfunctions of perceptions, decision, or performance in trip planning driving
strategy or evasive tactics.
27. Sequential factors – factors which must follow one another to contribute to the
cause of an accident; generally operational factors.
28. Simultaneous factors – factors, which must be present at the same time to
contribute to the causes of a accidents; generally, condition factors.
29. Contact damage – damage to a vehicle resulting from direct pressure of some
foreign object in a collision or roll over. It is usually indicated by striations,
rub-off of material or puncture. Compare with induced damage.
30. Induces damage – damage to a vehicle other than contact damage. Often
indicated by crumpling, distortion banding and braking. Induces damage
includes damage done by another part of the same vehicle. Compare with the
contact damage.
31. First contact – the initial touching of the object in a collision; the time and
place on a traffic unit of traffic way where this touching occurs.
32. Final position - the location of a vehicle or body when it comes to rest after a
collision final position may be controlled or uncontrolled.
33. Coefficient of friction – a number representing the resistance to sliding of two
surfaces in contact; the drag factor of a vehicle or other object sliding on a
roadway or other surface required to keep an object sliding on tat surface in
motion, divided by the forces, of the object against that surface; measured in
pounds per pounds; often designated by the Greek letter Mu.
34. Flip – the movement of a vehicle, without touching the ground from a place
where its forward velocity is suddenly stopped by an object such as a curb or
furrow-in below its center of mass with the result that the ensuing rotation lifts
vehicle off the ground. A flip is usually sidewise but if it is endwise, it is
spoken of as a vault. Compare with fall.
35. Reaction distance – the distance moved of traveled by a vehicle or other
traffic unit during reaction time.
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36. Reaction time – the time from perception to reaction
37. Reference line – a line often the edge of a roadway, from which
measurements are made to locate spots, especially spots along a roadway.
38. Reference point – a point from which measurements are made to locate
spots in an area; sometimes the intercept of two reference lines; RP. A
reference is described in terms of its relation to a permanent landmarks.
39. Wheel base – the distance form the center of the front wheels to the center
of the rear wheels or, if there is a tandem axle, the distance to the midpoint
between the tow tandem axles.
40. Skidmark – a friction mark or a pavement made by a tire that is sliding
without rotation. Sliding or wheels may be due to breaking to collision
damage, or rarely to other circumstances.
41. Skip skid – breaking skidmark interrupted at frequent regular intervals; the
skidmark made by a bouncing wheel on which brakes keep the wheel from
turning. Compare with “gas skid”.
42. Gas skid – a braking skidmark which is interrupted by release and
reapplication of brakes or which terminates by release of brakes before
collision. Compare with skip skid.
43. Scuffmarks – a friction mark on a pavement made by a tire which is both
rotating and slipping; acceleration scuff yawmarks, flat tire marks.
44. Yawmark – a scuffmark made while a vehicle is yawing the mark made on
the road by a rotating tire which is slipping in a direction parallel to the
axle of the wheel.
45. Reporting – basic data collection to identify and classify a motor vehicle
and the persons, property and planned movements involved. Only strictly
factual information is wanted, no opinions. Reporting is the first level of
traffic accident investigation.
46. Technical preparation – delayed traffic accident data collection and
organization for study and interpretation. The data collected are
essentially factual. Technical preparation includes making additional
measurement and photographs, preparing maps and diagrams, simple
speed estimates, matching damage areas, and making experiments to obtain
specific data, it is third level of traffic accident investigation.
47. Professional reconstruction – the effort to determine from whatever
information is available, how the accident happened. Reconstruction used to
be referred to as determining behavioral or mediate causes of an accident.
Reconstruction is the forth level of traffic accident investigation. It involves
studying results of the accident considering other circumstances, and applying
scientific principles to form opinions relative to events of the accident which
are otherwise unknown or are a matter of dispute.
48. Strategy – adjusting speed, position on the road, and direction of motion
giving signals of intent to turn of slow, or any other reaction in situation
involving potential hazards; any maneuvers while on trip which make evasive
tactics easier or increase the chance of success in avoiding a actual hazard.
49. Tactics – any action taken by the traffic unit to avoid a hazardous situation;
steering breaking accelerating, etc. top avoid a collision or other accident.
Often called “evasive action”.
50. Maximum engagement – greatest penetration of one body, such as a vehicle,
by another during collision, instant of greatest force between objects in
collision time and place of this concurrence position of the bodies with respect
to each other this instant.
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 Traffic
Management
AND
Accident Investigation
From an administrative standpoint, we should be reminded that there
are basis differences between police traffic activity and crime activity. In
dealing with both, the traffic policeman are guardians of public safety; but
when they are concerned with traffic accidents and safety, the police are more
than guardians--they are also educators.
The primary purpose of traffic law enforcement is not simply the
apprehension and punishment of violators. Rather the purpose of to changed
the violators driving habits, attitude and behavior.
This means that traffic law enforcement in its larger sense is
essentially an educational process. If the prevailing type of enforcement in a
given community fails in its educational aspect -- that is, if it fails to produce a
changed in driving behavior, it must be judge as the wrong kind of
enforcement and should be replaced by the kinds that does result in improving
habits and behavior of the motorist.
There is no question that a legitimate arrest followed by equitable fine
can serve as a deterrent to traffic law violators and hence a stimulus to
improvement in driving habits. But unfortunately, this is not enough. The
same fine and arrest, no matter how judiciously administered can produce and
unreasonable amount of resentment in the uniformed citizen and his friends,
and as a deterrent to future violations, maybe entirely wasted.
Arrest and fines can not be used successfully as accident prevention
techniques unless they are somehow made acceptable to the general public.
The business of approaching the traffic laws and preventing accidents unlike
police activity directed against crime applies to the whole population.
The public must be repeatedly sold on the necessity for the direct
enforcement through arrest, citation and fines, must be given continuous proof
that the activity does in fact reduce accidents and alleviate congestion and
delays. However, this selling process should not be limited to direct enforcement
as such; it should not compass as much larger progress of safety education.
The department that does nothing more than make arrest and issue citation
cannot accomplish the long run purpose of accident prevention program. Arrest
and citations alone are essentially negative in their effect; they should be balanced
by positive activities, which are non-punitive in character. Educational effort by
the police department will be interpreted by the public as contributory towards the
solution of the traffic problem. As a result, the public will be far more willing to
accept and even endorse harsher measures as necessary parts of the larger safety
program.
In brief, the amount and quality of safety educational effort put forth by the police
department will ultimately control the quantity of direct enforcement which the
department will be able to impose on the community while keeping opposition at
a minimum level and retaining beneficial measure of public support.
Traffic Law Enforcement
Introduction:
Traffic Laws are an attempt to provide specifications for conventional
behavior on the highway. The rules for conventional driving behavior were
developed mostly from experience over the years.
The first law concerning driving behavior resulted from custom and
common usage. When automobiles first appeared on the highway it becomes
necessary to establish certain rules as to how individual drivers should use the
highway.
Since most conflicts occur because two vehicles attempt to occupy the
same space at the same time it is not surprising that most early traffic laws were
concerned with specifying who had the immediate right to use the road.
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 As motor vehicles become more numerous, highway system more
extensive, and people learned more about the problems involved in driving, 1. Detection ( Police Actions)
additional laws were developed to define safe driving in general. 2. Apprehension (Police Actions)
3. Prosecution (Police in coordination with the prosecution officer)
Purpose of Traffic law enforcement – is to offset selfish motivation and to 4. Adjudication ( Court Action)
condition community habits through conditioning of habits of individuals. 5. Penalization ( Court Action)

Enforcement Theory Three Major elements in the traffic enforcement system are:

Traffic Law enforcement is the action taken by the police and the court
to compel obedience to traffic laws and ordinances regulating the use and
movement of motor vehicles for the purpose of creating a deterrent to
unlawful behavior by all potential violators.
1. The enforcement system ( consists of the legislation, police, the court
and penalties.)
2. the road user system ( pedestrians, pedal cyclists, drivers and
passengers)
3. the traffic system ( consists of the entire road and vehicle complex)

Enforcement of Traffic Legislation is the area of activity aimed at Traffic Law violations are classified in two groups:
controlling road user behavior by preventive, persuasive and punitive methods
is order to effect the safe and efficient movement of traffic. a. Hazardous traffic law violations
1. Unsafe behavior
2. unsafe condition
Traffic Law enforcement as it applies to statutes, ordinances and b. Other traffic law violations
legally authorized regulations relating to use of streets and highways and
ownership and operation of motor vehicles. “Why people violate laws”

Police Traffic Law Enforcement – part of traffic law enforcement performed 1.

Physical disabilities or infirmities
by the police and other agencies with police power including deterrent to law 2.
Mental disorders
violation created by the presence of uniformed police officers and their special 3.
Lack of training and experience
equipments. 4.
Wrong attitude towards driving, risk taking, wrong
enforcement of traffic laws.
Court Traffic Law Enforcement – the part of traffic law enforcement 5. habitual traffic violations
performed by the court by adjudication and penalization. 6. Drivers of public utility vehicles for increase compensation and
commission.
Phases of Traffic law Enforcement (DAPAP) “What makes people deter in committing violations in traffic”
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 1. Fear of fine and punishment Traffic patrol – consists of driving or walking here and there in an area or to and
2. loss of driving privileges from on a road for the purpose of traffic law enforcement and to provide traffic
3. Possibility of being involved in accidents connected services to the public.
4. Positive area of good citizenship, doing what is right and setting an
example. Objectives:

Kinds of Enforcement Action 1. Deterring violations and dangerous driving

1. Traffic Arrest
2. Traffic Citation
3. Traffic Warning
TRAFFIC ARREST – Is a taking a person into custody for the purpose of
holding or detaining him to answer a charge of law violation before a court.
Types of TRAFFIC PATROL
Arrest is made when :
1. Offense committed is serious
2. detention is necessary to avoid continued violation
3. there is reasonable doubt that the violator will appear in court
TRAFFIC CITATION – Is a means of having violators appear in court
without physical arrest.
1. Visual warning – indicate by gesture of hand and the head or other
special equipment would reminds the violator that he has
committed the violation.
2. Detecting and apprehending violator
3. Observing and reporting of traffic conditions
4. Observing and reporting road conditions
5. providing certain services to public, handling emergencies and keeping
traffic.
1. Line patrol – moving patrol or stationary observation on a specified road
between two points usually on one City Street or a section of highway.
2. Area Patrol – traffic patrol or stationary observation in an area or beat
which includes a number of streets, roads or sections of highways.
3. Stationary – traffic observation at a selected place usually one with an
unfavorable accident experience or traffic flow problem for traffic law
enforcement purposes specially to detect violations and deter possible
violators

2. Verbal warnings – are really a form of safety education. You tell
the violator that he has violated the law and explain the hazards of
such actions.
3. Written warnings – are combination of verbal warning and
citations.
4. Conspicuous – traffic observation or stationary observation in which the
observer tries to attract attention by keeping in full view of traffic.
5. Visible – traffic observation in which the observer is in full view but so
located, for example on a side street, as to require effort on the part of
traffic to discover the observer.

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 6. concealed – traffic observation or stationary observation in which the c. Employment
observer is not visible to persons using ordinary powers of observation d. Demand for goods and services
from the road way being observed.
Negative Outputs

Pursuit in Traffic Enforcement – Pursuit is a part of routine enforcement a. Death

activity performed by the police and is used when the driver is detected in b. Personal injury
violations. Pursuit is a part of apprehension of a violator. c. Property damage
d. Environmental pollution
“When to pursue” – when a violator fails to stop on signals, the normal e. Aesthetic damage
reaction is to pursue the violator until he is apprehended. f. Breakdown of social institution

Road Check Traffic Supervision – Keeping order on streets and highways within existing
regulations to make their use safe and expeditious.
The Objective of road check is to detect and inspect the following:

1. Faulty vehicle equipment Traffic Police work

2. registration and licensing violation
3. intoxicated driver 1. Traffic accident investigation
4. the load or cargo of commercial transportation vehicle for load weight 2. Traffic Law enforcement
3. Traffic Direction and Control
Three components of the Causes of highway accident:
1. driver Traffic Direction – defined as telling drivers and pedestrians when, how and
2. vehicle where they may or may not move or stand at a particular place, especially during
3. and roadways ( highway environment) emergencies or period of congestion.

Objective of Highway Transportation System – is to provide efficient and safe a. May have to answer inquiries
road transportation movement of people and goods. b. Make emergency rules

Positive Outputs What is Traffic – Traffic is refers to the movement of vehicles or pedestrians.

a. Individual viability What is Traffic Control – Control of vehicles pedestrians at a certain point or a
b. Convenience and ready access certain area by mechanical means, fixed objects or manpower.
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 a. Fixed time signals
Classification of Signs b. Traffic Actuated signals:
1. Full-traffic actuated signals
1. Regulatory Signs 2. Semi-traffic actuated signals
2. Warning or danger Signs 3. Speed Control signals
3. Guide Signs
2. Special pedestrian signals
Sign Shape 3. Other traffic signals:
1. Flashing beacons and Signals
 Octagon Shape – exclusively for STOP 2. Lane-direction traffic signals
 Triangle Shape – warning sign 3. Traffic signals at draw bridges
 Rounded Shape – Regulatory or Prohibition sign
 Rectangle or Square Signs – information sign , directional and guides 4. Train approaching signals and gates:
signs 1. Flashing lights and wigwag signals
 Triangle Shape (Pointing Down) – Yield sign 2. automatic crossing gates

Types Of Markings Island- is applied to certain areas within the roadway from which vehicular traffic
 Pavement markings is diverted by movement parking or other warning devices or excluded by
physical constructions.
a. Center Lines – broken lines is a guide lines that may be crossed at the
discretions of the driver, Solid lines – shall be always used for Classification of island
longitudinal markings and not to be crossed
b. Lane Lines 1. Pedestrian islands
c. Pavement edge a. Loading island
d. Turn markers b. Refuge island
e. Stop Lines 2. Traffic Islands
f. Pedestrian lanes a. Divisional island
g. Route marker directions b. Channelizing island
h. Word markings c. Directional island

Classification of Highway Traffic Signals Danger Warning signs

1. Traffic control signals: 1. Dangerous Bends

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2. Dangerous Left or Right Bends REPUBLIC ACT No. 4136
3. Dangerous left double bend or right double bend
4. Approach to intersection AN ACT TO COMPILE THE LAWS RELATIVE TO LAND
TRANSPORTATION AND TRAFFIC RULES, TO CREATE A LAND
Regulatory and Restrictive signs TRANSPORTATION COMMISSION AND FOR OTHER PURPOSES
1. No entry for all types of vehicles CHAPTER I
2. No entry for cars PRELIMINARY PROVISIONS ARTICLE
3. No left turn
4. No u turn ARTICLE I
5. No overtaking Title and Scope of Act
6. No blowing of horns
Mandatory Signs Section 1. Title of Act. - This Act shall be known as the "Land
Transportation and Traffic Code."
1. Directions which vehicles are obliged to follow
2. Priority Signs Section 2. Scope of Act. - The provisions of this Act shall control, as far
a. stop sign as they apply, the registration and operation of motor vehicles and the
b. yield sign licensing of owners, dealers, conductors, drivers, and similar matters.
Informative signs ARTICLE II
Definitions
1. Directional sign
2. place identification sign
Section 3. Words and phrases defined. - As used in this Act:
3. stop sign for loading and unloading
(a) "Motor Vehicle" shall mean any vehicle propelled by any power
other than muscular power using the public highways, but
excepting road rollers, trolley cars, street-sweepers, sprinklers,
lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and
cranes if not used on public highways, vehicles which run only on
rails or tracks, and tractors, trailers and traction engines of all kinds
used exclusively for agricultural purposes.

15
Trailers having any number of wheels, when propelled or
intended to be propelled by attachment to a motor vehicle, shall
be classified as separate motor vehicle with no power rating.
(b) "Passenger automobiles" shall mean all pneumatic-tire
vehicles of types similar to those usually known under the
following terms: touring car, command car, speedster, sports
car, roadster, jeep, cycle, car (except motor wheel and similar
small outfits which are classified with motorcycles), coupe,
landaulet, closed car, limousine, cabriolet, and sedan.
Motor vehicles with changed or rebuilt bodies, such as
jeepneys, jitneys, or station wagons, using a chassis of the
usual pneumatic-tire passenger automobile type, shall also be
classified as passenger automobile, if their net allowable
carrying capacity, as determined by the Commissioner of Land
Transportation, does not exceed nine passengers and if they
are not used primarily for carrying freight or merchandise.
The distinction between "passenger truck" and "passenger
automobile" shall be that of common usage: Provided, That a
motor vehicle registered for more than nine passengers shall be
classified as "truck": And Provided, further, That a "truck with
seating compartments at the back not used for hire shall be
registered under special "S" classifications. In case of dispute,
the Commissioner of Land Transportation shall determine the
classification to which any special type of motor vehicle belongs.
(c) "Articulated vehicle" shall mean any motor vehicle with a
trailer having no front axle and so attached that part of the trailer
rests upon motor vehicle and a substantial part of the weight of
the trailer and of its load is borne by the motor vehicle. Such a
trailer shall be called as "semi-trailer."
(d) "Driver" shall mean every and any licensed operator of a motor
vehicle.
(e) "Professional driver" shall mean every and any driver hired or
paid for driving or operating a motor vehicle, whether for private use
or for hire to the public.
Any person driving his own motor vehicle for hire is a professional
driver.
(f) "Owner" shall mean the actual legal owner of a motor vehicle, in
whose name such vehicle is duly registered with the Land
Transportation Commission.
The "owner" of a government-owned motor vehicle is the head of
the office or the chief of the Bureau to which the said motor vehicle
belongs.
(g) "Dealer" shall mean every person, association, partnership, or
corporation making, manufacturing, constructing, assembling,
remodeling, rebuilding, or setting up motor vehicles; and every such
entity acting as agent for the sale of one or more makes, styles, or
kinds of motor vehicles, dealing in motor vehicles, keeping the
same in stock or selling same or handling with a view to trading
same.
(h) "Garage" shall mean any building in which two or more motor
vehicles, either with or without drivers, are kept ready for hire to the
public, but shall not include street stands, public service stations, or
other public places designated by proper authority as parking
spaces for motor vehicles for hire while awaiting or soliciting
business.
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(i) "Gross weight" shall mean the measured weight of a motor
vehicle plus the maximum allowable carrying capacity in
merchandise, freight and/or passenger, as determined by the
Commissioner of Land Transportation.
(j) "Highways" shall mean every public thoroughfare, public
boulevard, driveway, avenue, park, alley and callejon, but shall
not include roadway upon grounds owned by private persons,
colleges, universities, or other similar institutions.
(k) "The Commissioner of Land Transportation or his deputies"
shall mean the actual or acting chief of the Land Transportation
Commission or such representatives, deputies, or assistants as
he may, with the approval of the Secretary of Public Works and
Communications, appoint or designate in writing for the purpose
contemplated by this Act.
(l) "Parking or parked", for the purposes of this Act, shall mean
that a motor vehicle is "parked" or "parking" if it has been
brought to a stop on the shoulder or proper edge of a highway,
and remains inactive in that place or close thereto for an
appreciable period of time. A motor vehicle which properly stops
merely to discharge a passenger or to take in a waiting
passenger, or to load or unload a small quantity of freight with
reasonable dispatch shall not be considered as "parked", if the
motor vehicle again moves away without delay.
(m) "Tourist" shall mean a foreigner who travels from place to
place for pleasure or culture.
ARTICLE III
Administration of Act
Section 4. Creation of the Commission. -
(a) There is created under the Department of Public Works and
Communications an office which shall be designated and known as
the Land Transportation Commission, composed of one
Commissioner and one Deputy Commissioner, who shall be vested
with the powers and duties hereafter specified. Whenever the word
"Commission" is used in this Act, it shall be deemed to mean the
Land Transportation Commission, and whenever the word
"Commissioner" is used in this Act, it shall be taken to mean the
Commissioner or Deputy Commissioner.
The Commissioner and the Deputy Commissioner shall be natural-
born citizens and residents of the Philippines, and they shall be
appointed by the President of the Philippines, with the consent of
the Commission on Appointments of the Congress of the
Philippines: Provided, however, That the present Administrator,
Assistant Administrator and the personnel of the Motor Vehicles
Office shall continue in office without the necessity of
reappointment.
(b) The Commissioner and Deputy Commissioner shall hold office
until removed in accordance with the provisions of the Revised
Administrative Code.
(c) The Commissioner shall receive an annual compensation of
twelve thousand pesos and the Deputy Commissioner, an annual
compensation of ten thousand four hundred pesos. The
Commissioner shall be assisted by one head executive assistant
(MV regulation adviser or chief), one administrative officer, one
registration regulation chief, one inspection, examination and
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licensing regulation chief, one law and traffic enforcement
regulation chief, one provincial regulation chief, one utility and
property regulation chief, one accounting officer, one internal
chief auditor, and one personnel officer, who shall receive an
annual compensation of nine thousand pesos each; eight land
transportation regional directors who shall receive an annual
compensation of eight thousand four hundred pesos each and
eight land transportation assistant regional directors, who shall
receive an annual compensation of seven thousand pesos each
and ten assistant regulation chiefs, who shall receive an annual
compensation of seven thousand pesos each.
(d) The Commission shall have its offices in Quezon City where
the present Motor Vehicle Office is located, and shall establish a
regional branch office each in Tuguegarao (Cagayan), Baguio
City, Pasig (Rizal), Lipa City, San Fernando (La Union), Naga
City, Cebu City, Iloilo City, Cagayan de Oro City, and Davao
City, to be headed by a regional director who will have
immediate administration, supervision and control over activities
and administration of the Commission in the respective regions.
The Commissioner shall be responsible for the administration of
this Act and shall have, in connection therewith, the following
powers and duties, in addition to those mentioned elsewhere in
this Act:
(1) With the approval of the Secretary of Public Works
and Communications, to issue rules and regulations not
in conflict with the provisions of this Act, prescribing the
procedure for the examination, licensing and bonding of
drivers; the registration and re-registration of motor
vehicles, transfer of ownership, change of status; the
replacement of lost certificates, licenses, badges, permits
or number plates; and to prescribe the minimum
standards and specifications including allowable gross
weight, allowable length, width and height or motor vehicles,
distribution of loads, allowable loads on tires, change of tire
sizes, body design or carrying capacity subsequent to
registration and all other special cases which may arise for
which no specific provision is otherwise made in this Act.
(2) To compile and arrange all applications, certificates,
permits, licenses, and to enter, note and record thereon
transfers, notifications, suspensions, revocations, or
judgments of conviction rendered by competent courts
concerning violations of this Act, with the end in view of
preserving and making easily available such documents and
records to public officers and private persons properly and
legitimately interested therein.
(3) To give public notice of the certificates, permits, licenses
and badges issued, suspended or revoked and/or motor
vehicles transferred and/or drivers bonded under the
provisions of this Act.
(4) The Commissioner of Land Transportation, with the
approval of the Secretary of Public Works and
Communications, may designate as his deputy and agent
any employee of the Land Transportation Commission, or
such other government employees as he may deem
expedient to assist in the carrying out the provisions of this
Act.
(5) The Commissioner of Land Transportation and his
deputies are hereby authorized to make arrest for violations
of the provisions of this Act in so far as motor vehicles are
concerned; to issue subpoena and subpoena duces tecum
to compel the appearance of motor vehicle operators and
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divers and/or other persons or conductors; and to use all
reasonable means within their powers to secure
enforcement of the provisions of this Act.
(6) The Commissioner of Land Transportation or his
deputies may at any time examine and inspect any motor
vehicle to determine whether such motor vehicle is
registered, or is unsightly, unsafe, overloaded, improperly
marked or equipped, or otherwise unfit to be operated
because of possible excessive damage to highways,
bridges and/or culverts.
(7) The Philippine Constabulary and the city and
municipal police forces are hereby given the authority
and the primary responsibility and duty to prevent
violations of this Act, and to carry out the police
provisions hereof within their respective jurisdiction:
Provided, That all apprehensions made shall be
submitted for final disposition to the Commissioner and
his deputies within twenty-four hours from the date of
apprehension.
(8) All cases involving violations of this Act shall be
endorsed immediately by the apprehending officer to the
Land Transportation Commission. Where such violations
necessitate immediate action, the same shall be
endorsed to the traffic court, city or municipal court for
summary investigation, hearing and disposition, but in all
such cases, appropriate notices of the apprehensions
and the dispositions thereof shall be given to the
Commissioner of Land Transportation by the law-
enforcement agency and the court concerned.
Notation of all such dispositions shall be entered in the
records, and copy shall be mailed to the owner and to the
driver concerned.
CHAPTER II
REGISTRATION OF MOTOR VEHICLES
ARTICLE I
Duty to Register, Reports, Applications, Classifications
Section 5. All motor vehicles and other vehicles must be registered.
(a) No motor vehicle shall be used or operated on or upon any
public highway of the Philippines unless the same is properly
registered for the current year in accordance with the provisions of
this Act.
(b) Any registration of motor vehicles not renewed on or before the
date fixed for different classifications, as provided hereunder shall
become delinquent and invalid:
1. For hire motor vehicles - on or before the last working day
of February.
2. Privately-owned motor vehicles - from March one to the
last working day of May.
3. All other motor vehicles - from June one to the last
working day of June; except when the plates of such motor
vehicles are returned to the Commission in Quezon City or
to the Office of the Motor Vehicles Registrar in the provincial
or city agency of the Commission on or before the last
working day of December of the year of issue.
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(c) Dealer's reports - The Commissioner of Land Transportation
shall require dealers to furnish him with such information and
reports concerning the sale, importation, manufacture, number
of stocks, transfer or other transactions affecting motor vehicles
as may be necessary for the effective enforcement of the
provisions of this Act.
(d) Change of motor number prohibited. - No repair or change in
the motor vehicle involving the exchange, elimination, effacing,
or replacing of the original or registered serial or motor number
as stamped or imprinted, shall be allowed, and any motor
vehicle with a trace of having its motor number altered or
tampered with shall be refused registration or re-registration,
unless such is satisfactorily explained and approved by the
Commissioner.
(e) Encumbrances of motor vehicles. - Mortgages, attachments,
and other encumbrances of motor vehicles, in order to be valid,
must be recorded in the Land Transportation Commission and
must be properly recorded on the face of all outstanding copies
of the certificates of registration of the vehicle concerned.
Cancellation or foreclosure of such mortgages, attachments,
and other encumbrances shall likewise be recorded, and in the
absence of such cancellation, no certificate of registration shall
be issued without the corresponding notation of mortgage,
attachment and/or other encumbrances.
Records of encumbrances of motor vehicles shall be kept by the
Land Transportation Commission in chronological sequence
and shall contain, among other things, the time, date and
number of the entry in a "Book of Motor Vehicles" referring to
the creation, cancellation or foreclosure of the aforesaid
mortgages, attachments or to other encumbrances.
The Land Transportation Commission shall collect a fee of five
pesos for every annotation of a mortgage, attachment and/or other
encumbrances, or cancellation thereof.
Section 6. Application and payments for registration. - Applications and
payments for registration shall be made either personally or by registered
mail, and the date of the cancellation of the postage stamps of envelopes
containing money order or check shall be taken as the date of the
application and/or payment for registration: Provided, That the application
is properly prepared and the payment for registration is sufficient as
required by law.
Section 7. Registration Classification. - Every motor vehicle shall be
registered under one of the following described classifications:
(a) private passenger automobiles; (b) private trucks; and (c)
private motorcycles, scooters, or motor wheel attachments. Motor
vehicles registered under these classifications shall not be used for
hire under any circumstances and shall not be used to solicit,
accept, or be used to transport passengers or freight for pay.
Laborers necessary to handle freight on board private trucks may
ride on such trucks: Provided, That seats shall not be installed in
the rear compartment thereof and that only such number of
laborers, not exceeding ten, as may be needed to handle the kind
of freight carried, shall ride on the truck: Provided, further, That the
combined weight of cargo and passengers does not exceed the
registered net capacity of the truck.
For the purpose of this section, a vehicle habitually used to carry
freight not belonging to the registered owner thereof, or passengers
not related by consanguinity or affinity within the fourth civil degree
to such owner, shall be conclusively presumed to be "for hire."
20
No person shall be allowed to register as private truck any truck
not actually and reasonably necessary to carry out his duly
licensed business or legitimate occupation or industry regularly
paying taxes.
(d) Public utility automobiles; e) public utility trucks; (f) taxis and
auto-calesas; (g) garage automobiles; (h) garage trucks; (i) hire
trucks: and (j) trucks owned by contractors and customs brokers
and customs agents. Application for registration under these
classifications shall be accompanied by a certificate of public
convenience or a special permit issued by the Public Service
Commission, and motor vehicles registered under these
classifications shall be subject to the Public Service Law, rules
and regulations, as well as the provisions of this Act.
(k) Undertakes
(l) Dealers - Registrations under this classification are intended
to cover generally and successively all the motor vehicles
imported or handled by dealers for sale. Motor vehicles
registered under the dealer's classification shall, under no
circumstances, be employed to carry passengers or freight in
the dealer's business, or for hire. Such vehicles shall be
operated under this classification only for the purpose of
transporting the vehicle itself from the pier or factory to the
warehouse or sales room or for delivery to a prospective
purchaser or for test or demonstration.
(m) Government automobiles; (n) government trucks; and (o)
government motorcycles. Motor vehicles owned by the
Government of the Philippines or any of its political subdivisions
shall be registered under these classifications. Motor vehicles
owned by government corporations, by government employees
or by foreign governments shall not be registered under this
classification.
(p) Tourists bringing their own motor vehicles to the Philippines
may, without registering such motor vehicles, use the same during
but not after ninety days of their sojourn: Provided, That the motor
vehicle displays the number plates for the current year of some
other country or state, and said number plates as well as the name
and address (permanent and temporary) of the owner thereof are
registered in the Land Transportation Commission prior to the
operation of the motor vehicle.
If such tourist remain in the Philippines longer than ninety days, the
motor vehicle shall not be operated unless registered in accordance
with this Act and the corresponding registration fees paid.
(q) Special. The Commissioner of Land Transportation may, in his
discretion, allow the registration under this classification of motor
vehicles which do not conform to the foregoing described regular
classification.
ARTICLE II
Registration Fees
Section 8. Schedule of registration fees. - Except as otherwise specifically
provided in this Act, each application for renewal of registration of motor
vehicles shall be accompanied by an annual registration fee in accordance
with the following schedule:
(a) Private automobiles with pneumatic rubber tires, an amount
based on their respective shipping weight or factory weight as
indicated in the following schedule:
1,000 kilos or less P75.00
21
 1,000 to 1,500 kilos 100.00
1,501 to 2,000 kilos 135.00
2,001 kilos and above 180.00
The factory or shipping weight of a private automobile shall be
obtained from the Red Book edited by the National Market
Report, Inc., of the United States of America: Provided, further,
That in the case of automobiles with altered, changed or rebuilt
bodies, the weight as obtained: by actual weighing shall be
considered the vehicles weight: Provided, furthermore, That the
increase registration fees herein prescribed shall not apply to
jeeps and jeepneys for private use or for hire and the fees
hereof shall be those prescribed for them before the approval of
this Act.
The registered passenger capacity of passenger automobiles
operated for hire or for private use shall be determined as
follows:
1. For each adult passenger, a horizontal rectangular
area, including seat and feet space, not less than thirty-
five centimeters wide and sixty centimeters long, except
in the front seat, which shall allow an area fifty
centimeters wide for the operator.
2. For each half passenger, a horizontal rectangular area,
including seat and feet spaces, not less that seventeen
and a half centimeters wide by sixty centimeters long,
provided, that each continuous row of seats shall not be
allowed to have more that one-half passenger.
(b) Private motor trucks, passenger buses and trailers with
pneumatic rubber tires, the sum of five pesos for every hundred
kilograms of maximum allowable gross weight or fraction thereof.
(c) Private motor trucks, passenger buses and trailers with solid
rubber tires or with part-solid and part-pneumatic rubber tires, the
sum of seven pesos for every hundred kilograms of maximum
allowable gross weight or fraction thereof.
(d) Private motorcycles and scooters of two or three wheels and
bicycles with motor attachments, the sum of thirty pesos.
(e) The fee for registration of motor vehicles for hire shall be sixty
percent more than the fee prescribed for private motor vehicles of
the same category.
(f) The fee for registration of diesel-consuming vehicles shall be fifty
percent more than that of vehicles using motor fuel other than
diesel oil. The fee for registration of motor vehicles for hire shall be
sixty percent more than the fees prescribed for private motor
vehicles.
(g) No regular registration fees shall be charged for the general
registration of motor vehicles contemplated under the dealer's
classification: Provided, That the Commissioner of Land
Transportation shall provide appropriate dealer's number plates
corresponding to the classification of vehicles hereinbelow
described, and registration fee for every set of such dealer's
number plates shall be in accordance with the following schedule of
rates;
Two hundred pesos for each truck or trailer;
One hundred pesos for each passenger automobile; and
22
Twenty pesos for each motorcycle and the like.
(h) Registration under the "Government Motor Vehicle"
classification shall be free of charge, upon request of the chief
of bureau or office concerned.
(i) Motor vehicles not intended to be operated or used upon any
public highway, or which are operated on highways not
constructed or maintained by the Government, or are intended
not to be used or operated at all, shall be exempt from payment
of the registration fees provided in this Act, but shall each pay
an annual recording and service fee of fifteen pesos: Provided,
however, That no refund, credit for, or reimbursement of
registration fees or part thereof shall be made to any owner on
account of the discontinuance of the use or operation of a motor
vehicle subsequent to the payment of such registration fees:
Provided, further, That in the event motor vehicles exempted
under this section shall be found operated on any public
highways, the regular registration fees and surcharges shall be
collected in addition to whatever penalties may be imposed for
violation of this Act. The Commissioner of Land Transportation
shall provide distinctive number plates for vehicles exempted
from payment of regular registration fees, and the owner of the
vehicles concerned shall pay four pesos for each set of such
number plates.
(j) The maximum allowable gross weight of a motor truck,
passenger bus, or trailer, upon which to compute the
registration fee thereof, shall be determined by the
Commissioner of Land Transportation. He shall, from time to
time as the need of the service may require, prepare, subject to
the approval of the Secretary of Public Works and
Communications, suitable tables of maximum allowable loads
per wheel for different sizes kinds of tires.
(k) The registration fees provided in this Act for trucks may be
payable in two equal installment, the first to be paid on or before
the last working day of February if for hire, and in March if private;
and the second to be paid on or before the last working day of
August: Provided, That the fifty per cent penalty shall apply only to
the unpaid balance of the remaining period of delinquency.
Section 9. Permissible weights and dimensions of vehicles in highways
traffic.
(a) The maximum gross weight and measurement of motor
vehicles, unladen or with load, permissible on public highways shall
be as specified hereunder, subject to such regulations as the
Commissioner with the approval of the Secretary of Public Works
and Communications, may promulgate, from time to time, as the
conditions of the public highways may warrant and the needs of the
service may require.
Permissible maximum weights:
1. Per most heavily loaded three thousand six hundred
wheel kilograms;
2. Per most heavily loaded eight thousand kilograms;
axle
3. Per most heavily loaded fourteen thousand five hundred
axle group (the two axles of kilograms.
the group being at least one
meter and less than two
meters apart)
23
 An axle weight shall be the total weight transmitted to the road
by all the wheels the centers of which can be included between
the parallel transverse vertical planes one meter apart extending
across the full width of the vehicles.
No provincial, city or municipal authority shall enact or enforce
any ordinance or resolution regulating or prescribing the
maximum gross weight of any motor vehicle.
(b) No motor vehicle operating as a single unit shall exceed the
following dimensions:
Overall width two and five-tenths meters
Overall height four meters
Overall length:
Freight vehicles with two axles ten meters
Passenger vehicles with two axles eleven meters
Vehicles with three or more axles fourteen meters
(c) No motor vehicle and/or trailer combination shall exceed
eighteen meters in overall projected length, including any load
carried on such vehicle and trailer.
(d) No articulated vehicles shall be allowed to draw or pull a
trailer and no vehicle already drawing a trailer shall draw
another.
Section 10. Special permits, fees for. - The Commissioner with the
approval of the Secretary of Public Works and Communications, shall
issue regulations and schedules of additional fees under which special
permits may be issued in the discretion of the Commissioner or his
deputies for each of the following special cases, without which special
permit no vehicles shall be operated on the public highways:
(a) To operate a motor vehicle or trailer outfit with wheel, axle, or
axle group loads in excess of the limits fixed in subsection (a) of
Section nine hereof or in any regulation issued by the
Commissioner.
(b) To operate a motor vehicle the size of which exceeds the limit of
permissible dimensions specified in paragraph (b) of Section nine
hereof.
(c) To operate a motor vehicle with any part of the load extending
beyond the projected width of the vehicle.
(d) To pull two trailers behind a motor vehicle.
(e) For any other special authority relating to the use of vehicles,
not otherwise specifically provided herein.
Section 11. Additional fees. - In addition to the fees elsewhere provided in
this Act, for each change of registration, from private to for hire or vice-
versa; revision of gross weight rating, change of tire size; transfer of
ownership; replacement of a lost registration certificate, number plate,
driver's license or permit; badge; preparation of affidavit or certified copy
of records, or for any similar circumstances requiring the issue, revision, or
reissue of a certificate of registration, driver's license, badge, permit, or
other document, a fee of two pesos shall be collected.
The replacement of a lost or utterly spoiled certificate, number plate,
license, badge or permit shall render the original invalid.
24
In case of request in writing for certification of data or facts involving
two or more vehicles, a fee of five pesos a page or part thereof shall be
collected for each certification.
Section 12. Fee for original registration for part of year. - If any
application for the original registration is made during the first quarter
of a calendar year, the total annual fee for the year shall be paid, if
made during the second quarter, three-fourths of the annual fee for
that year shall be paid, if made during the third quarter, one half of the
annual fee shall be paid, and if made during the fourth quarter, one-
fourth of the annual fee shall be paid.
Nothing in this section shall be construed as allowing quarterly
renewals of registrations in order to avoid payment of fees in advance
for the entire year.
Section 13. Payment of taxes upon registration. - No original
registration of motor vehicles subject to payment of taxes, customs
duties or other charges shall be accepted unless proof of payment of
the taxes due thereon has been presented to the Commission.
ARTICLE III
Registration Certificates, Records, Number Plates
Section 14. Issuance of certificates of registration. - A properly
numbered certificate of registration shall be issued for each separate
motor vehicle after due inspection and payment of corresponding
registration fees.
Section 15. Use and authority of certificate of registration.
(a) The said certificate shall be preserved and carried in the car
by the owner as evidence of the registration of the motor vehicle
described therein, and shall be presented with subsequent
applications for re-registration, transfer of ownership, or recording
of encumbrances: Provided, That in lieu of the certificate of
registration a true copy or photostat thereof may be carried in the
motor vehicle.
(b) The certificate of registration issued under the provisions of this
Act for any motor vehicle shall, while the same is valid and effective
and has not been suspended or revoked, be the authority for the
operation of such motor vehicle.
(c) No motor vehicle shall be operated on the public highways in a
manner which would place it under a classification requiring the
payment of a larger registration fee than that stated in the certificate
of registration.
Section 16. Suspension of registration certificate. - If on inspection, as
provided in paragraph (6) of Section four hereof, any motor vehicle is
found to be unsightly, unsafe, overloaded, improperly marked or equipped,
or otherwise unfit to be operated, or capable of causing excessive damage
to the highways, or not conforming to minimum standards and
specifications, the Commissioner may refuse to register the said motor
vehicle, or if already registered, may require the number plates thereof to
be surrendered to him, and upon seventy-two hours notice to the owner of
the motor vehicle, suspend such registration until the defects of the
vehicle are corrected and/or the minimum standards and specifications
fully complied with.
Whenever it shall appear from the records of the Commission that during
any twelve-month period more than three warnings for violations of this
Act have been given to the owner of a motor vehicle, or that the said
owner has been convicted by a competent court more than once for
violation of such laws, the Commissioner may, in his discretion, suspend
the certificate of registration for a period not exceeding ninety days and,
thereupon, shall require the immediate surrender of the number plates.
25
Whenever a motor vehicle is found to be underweight the owner
thereof shall pay the difference in the registration fees corresponding
to the shortage in weight plus a fifty per cent surcharge, and until such
payment is made, the certificate of registration of the motor vehicle
concerned shall be suspended by the Commissioner.
After two such suspension, re-registration of the vehicle concerned for
one year may be denied.
The Commissioner shall notify the owner of the motor vehicle of any
action taken by him under this section.
Section 17. Number plates, preparation, preparation and issuance of .
- The number plates shall be kept clean and cared for, and shall be firmly
(a) The Commissioner shall cause number plates to be
prepared and issued to owners of motor vehicles and trailers
registered under this Act, charging a fee of four pesos for each
pair including the numerals indicating the year of registry:
Provided, however, That in case no number plates are
available, the Commissioner or his deputies may issue, without
charge, a written permit temporarily authorizing the operation of
any motor vehicles with other means of identification: Provided,
further, That all motor vehicles exempted from payment of
registration fees, motor vehicles for hire, and privately-owned
motor vehicles shall bear plates so designed and painted with
different colors to distinguish one class from another: Provided,
furthermore, That the plates of motor vehicles exempted from
payment of registration fees shall be permanently assigned to
such motor vehicles during their entire lifetime while exempted
from payment of the fees: And, provided, finally, That the owner
thereof shall return such plates to the Land Transportation
Commission within a period of seven working days after such
owner has lost his exemption privilege or has transferred the
vehicle to a non-exempt owner.
(b) In case the design of the number plate is such that the numerals
indicating the year of registry are on a detachable tag, the
Commissioner or his deputies may, in their discretion, issue the
said tag only for subsequent re-registration charging a fee of one
peso for each tag issued.
Section 18. Use of number plates. - At all times, every motor vehicle shall
display in conspicuous places, one in front and one in the rear thereof, the
said number plates.
affixed to the motor vehicle in such a manner as will make it entirely visible
and always legible.
Except in the case of dealer's number plates which may be used
successively on various motor vehicles in stock, no person shall transfer
number plates from motor vehicle to another.
No dealer's number plate shall be used on any motor vehicle after said
vehicle has been sold and delivered to a purchaser, and no dealer shall
allow such dealer's number plates to be used on any motor vehicle after
its sale and delivery to a purchaser.
CHAPTER III
OPERATION OF MOTOR VEHICLE
ARTICLE I
License to Drive Motor Vehicles
Section 19. Duty to procure license. - Except as otherwise specifically
provided in this Act, no person shall operate any motor vehicle without first
26
procuring a license to drive a motor vehicle for the current year, nor
while such license is delinquent, invalid, suspended or revoked.
The license shall be carried by the driver at all times when operating a
motor vehicle, and shall be shown and/or surrendered for cause and
upon demand to any person with authority under this Act to confiscate
the same.
Section 20. License for enlisted men operating Government motor
vehicles. - Enlisted men operating a motor vehicle owned by the
Government of the Philippines shall be licensed in accordance with the
provisions of this Act, but no license or delinquency fees shall be
collected therefrom. All licenses so issued shall bear the words "For
Government Vehicles Only" plainly marked or stamped in red ink
across the face thereof.
A license so marked or stamped shall authorize the holder thereof to
operate a private-owned motor vehicle.
Section 21. Operation of motor vehicles by tourists. - Bona fide tourist
and similar transients who are duly licensed to operate motor vehicles
in their respective countries may be allowed to operate motor vehicles
during but not after ninety days of their sojourn in the Philippines.
If any accident involving such tourist or transient occurs, which upon
investigation by the Commissioner or his deputies indicates that the
said tourist or transient is incompetent to operate motor vehicles, the
Commissioner shall immediately inform the said tourist or transient in
writing that he shall no longer be permitted to operate a motor vehicle.
After ninety days, any tourist or transient desiring to operate motor
vehicles shall pay fees and obtain and carry a license as hereinafter
provided.
Section 22. Driver's license, fees, examination. - Every person who
desires personally to operate any motor vehicle shall file an application to
the Commissioner or his deputies for a license to drive motor vehicles:
Provided, however, That no person shall be issued a professional driver's
license who is suffering from highly contagious diseases, such as,
advanced tuberculosis, gonorrhea, syphilis, and the like.
Each such application except in the case of enlisted men operating
government-owned vehicles, shall be accompanied by a fee of five pesos,
and shall contain such information respecting the applicant and his ability
to operate motor vehicles, as may be required by the Commission.
The Commissioner or his deputies shall also ascertain that the applicant's
sight and hearing are normal, and may in their discretion, require a
certificate to that effect, signed by a reputable physician.
An examination or demonstration to show any applicant's ability to operate
motor vehicles may also be required in the discretion of the Commissioner
or his deputies.
Section 23. Issuance of driver's license. - If, after such examination, the
Commissioner or his deputy believes that the applicant possesses the
necessary qualifications and is proficient in the operation of motor
vehicles, a license shall be issued to such applicant upon payment of five
pesos, but prior to the issuance of said license, the applicant shall furnish
three copies of his recent photograph to be securely attached to the
license, and two copies to be filed and kept as provided by this Act. All
driver's licenses shall bear the signature and right-hand thumb print of the
licensee.
Section 24. Use of driver's license and badge. - Every license issued
under the provisions of this Act to any driver shall entitle the holder
thereof, while the same is valid and effective and not suspended or
revoked, to operate the motor vehicles described in such license:
27
Provided, however, That every licensed professional driver, before
operating a public service motor vehicle registered under
classifications (d) to (j) inclusive of Section seven hereof, shall secure
from the Commissioner, upon payment of the sum of one peso, a
driver's badge which he shall, at all times while so operating a motor
vehicle, display in plain sight on the band of his cap or on his coat or
shirt. Such driver's badge shall be of metal with a plainly readable
number assigned to the licensee stamped thereon.
It shall be unlawful for any duly licensed driver to transfer, lend or
otherwise allow any person to use his license for the purpose of
enabling such person to operate a motor vehicle.
No owner of a motor vehicle shall engage, employ, or hire any person
to operate such motor vehicle, unless the person sought to be
employed is a duly licensed professional driver.
Section 25. Driver's records. - Any driver who changes his address
shall, within fifteen days, notify the Commissioner in writing of his new
address, name and address of his new employer, the number of the
motor vehicle he is employed to operate, and such other information as
the Commissioner may require.
Section 26. Renewal of license. - Any license not renewed on or
before the last working day of the month when the applicant was born
shall become delinquent and invalid, except when the license is
surrendered to the Commissioner or his deputies before the last
working day of the month of his birth in order to avoid payment of the
delinquency fees.
The fee for renewal of delinquent license shall be five pesos in addition
to the basic fee as hereinabove prescribed.
Every applicant for renewal of license to operate any motor vehicle shall
present to the Commissioner, in person or by mail or messenger, the
license issued to the applicant for the previous year, together with the
proper fee of five pesos and, in the case of professional chauffeurs, three
copies of a readily-recognized photograph of the applicant, which
photograph shall have been taken not exceeding three years prior to the
date of applicant for renewal.
Lost license. - In case the license for the previous year has been lost or
cannot be produced, the applicant shall obtain a duplicate in accord with
Section eleven of this Act, on penalty of refusal, by the Commissioner or
his deputies, to renew the license: Provided, however, That the
Commissioner or his deputies may, in their discretion accept in lieu of the
previous years license, the duly signed and sworn statement of an
operator to the effect that he has not operated any motor vehicle in the
Philippines during the year or years to which no license was issued in his
name.
The Commissioner and his deputies are hereby authorized to administer
the oath in connection with such affidavit.
Section 27. Suspension, revocation of driver's license.
(a) The Commissioner may suspend for a period not exceeding
three months or, after hearing, revoke any driver's license issued
under the provisions of this Act, and may order any such license to
be delivered to him whenever he has reason to believe that the
holder thereof is an improper person to operate motor vehicles, or
in operating or using a motor vehicle in, or as an accessory to, the
commission of any crime or act which endangers the public. Any
deputy of the Commissioner may, for the same cause, suspend for
a period not exceeding three months any driver's license issued
under the provisions of this Act: Provided, That such suspension
may be appealed to the Commissioner who may, after reviewing
28
 the case, confirm, reverse or modify the action taken by such
deputy.
(b) Whenever during any twelve-month period a driver shall
have been convicted at least three times for the violations of any
provisions of this Act or of any regulation issued by the
Commissioner or any municipal or city ordinance relating to
motor vehicle traffic not in conflict with any of the provisions of
this Act, the Commissioner may, in his discretion, revoke or
suspend the license of such driver for a period not exceeding
two years.
(c) The license suspended or revoked under the provisions of
subsections (a) and (b) of this section shall not be reinstated
unless the driver has furnished a bond in accordance with
Section twenty-nine of this Act and only after the Commissioner
has satisfied himself that such driver may again safely be
permitted to operate a motor vehicle.
(d) A decision of the Commissioner revoking or refusing the
reinstatement of a license under the provisions of this Section
may be appealed to the Secretary of Public Works and
Communications.
Section 28. Driver's bond. - The Commissioner before reinstating any
driver's license which has been suspended or revoked under the
provisions of the preceding section or of any provisions of this Act, may
require such driver to post a bond in the sum of one thousand pesos
conditioned upon the satisfaction and payment of any claim which may
be filed or of any execution which may be issued against such driver in
any case wherein said driver may be held answerable while operating
motor vehicles. The bond required in this section shall be in such form
as to render sureties liable at least for a period of not less than one
year nor more than three years: Provided, however, That upon written
application to the Commissioner for release from such a bond, the
Commissioner may after revoking or suspending the driver's license,
authorize the release of the bondsmen from further responsibility
thereunder: Provided, further, That should the Commissioner decide not to
revoke the license of a driver who has been convicted of homicide through
reckless imprudence, or of the violation of the speed limit or of reckless
driving at least three times within a twelve-month period, the said driver
shall post a bond in the sum of not less than two thousand pesos,
conditioned upon the payment of any claim which may be filed or any
execution which may be issued against him in any case wherein said
driver may be held answerable while operating motor vehicles.
Section 29. Confiscation of driver's licenses. - Law enforcement and
peace officers duly designated by the Commissioner shall, in
apprehending any driver for violations of this Act or of any regulations
issued pursuant thereto, or of local traffic rules and regulations, confiscate
the license of the driver concerned and issue a receipt prescribed and
issued by the Commission therefor which shall authorize the driver to
operate a motor vehicle for a period not exceeding seventy-two hours from
the time and date of issue of said receipt. The period so fixed in the
receipt shall not be extended, and shall become invalid thereafter. Failure
of the driver to settle his case within fifteen days from the date of
apprehension will cause suspension and revocation of his license.
Section 30. Student-driver's permit. - Upon proper application and the
payment of three pesos, the Commissioner or his deputy may issue
student-driver's permits, valid for six months to persons not under
eighteen years of age, who desire to learn to operate motor vehicles. No
application for driver's license shall be received unless the applicant has
undergone instruction in the operation of motor vehicles for at least a
month and has a valid student-driver's permit: Provided, however, That
any person who has a license to operate vehicles in other countries may,
upon presentation of appropriate evidence of such license, be allowed to
pay for a driver's license without presenting a student driver's permit.
29
A student driver who fails in the examination shall continue as a
student driver for at least one additional month. No student driver shall
operate a motor vehicle unless accompanied by a duly licensed driver.
The licensed driver acting as instructor to the student driver shall
likewise be responsible and liable for any violation of the provisions of
this Act and for any injury or damage done by the motor vehicle on
account or as a result of its operation by a student under his direction.
ARTICLE II
Illegal Use of Licenses, Number Plates, Etc.
Section 31. Imitation and false representations. - No person shall
make or use attempt to make or use a driver's license, badge,
certificate of registration, number plate, tag, or permit in imitation or
similitude of those issued under this Act, or intended to be used as or
for a legal license, badge, certificate, plate, tag or permit, or with intent
to sell or otherwise dispose of the same to another. No person shall
falsely or fraudulently represent as valid and in force any driver's
license, badge, certificate, plate, tag or permit issued under this Act
which is delinquent or which has been revoked or suspended.
No person shall, knowingly and with intent to deceive, make one or
more false or fraudulent statements in an application for the
registration of vehicles, or for a driver's license.
ARTICLE III
Passenger and Freight
Section 32. Exceeding registered capacity. - No person operating any
vehicle shall allow more passenger or more freight or cargo in his vehicle
than its registered carrying capacity. In the case of public utility trucks or
buses, the conductor shall be exclusively liable for violations of this
section or of Section thirty-two, letter (c) hereof: Provided, That the
conductor, before being employed by any public service operator, shall get
a permit or license from the Commission and pay five pesos annually for
said license or permit issued in his favor, and the same is renewable on or
before the last working day of the month of his birth, attaching a readily
recognizable photograph and after presentation of a medical certificate of
fitness of applicant.
Passenger trucks may be allowed to construct any cargo carrying
device at the rear or at the side of the truck, subject to the approval
of the Commissioner: Provided, however, That the total weight of
the device, including the cargo, shall not exceed one hundred kilos.
(b) Carrying of passengers and freight on top of vehicles. - No
person operating a motor vehicle shall allow any passenger to ride
on the cover or top of such vehicles: Provided, however, That
subject to such conditions as may be contained in permits that may
be issued by the Commissioner, baggage or freight may be carried
on the top of a truck provided the weight thereof does not exceed
twenty kilos per square meter and is distributed in such a manner
as not to endanger the passengers or stability of the truck.
(c) Riding on running boards. - No driver shall permit any person to
ride on the running board, step board, or mudguard of his motor
vehicle for any purpose except to make repair or adjustment in the
motor or to collect fares.
30

Section 33. Passenger or freight capacity marked on vehicle. - All
passengers automobiles for hire shall have the registered passenger
capacity plainly and conspicuously marked on both sides thereof, in
letters and numerals not less than five centimeters in height.
All motor trucks, whether for passenger or freight, private, or for hire,
shall have the registered passenger gross and net weight capacities
plainly and conspicuously marked on both sides thereof, in letters and
numerals not less than five centimeters in height.
ARTICLE IV
Accessories of Motor Vehicles
Section 34.
(a) Tires of motor vehicles. - No motor vehicle with metallic tires
shall be operated upon any public highway, and solid tires
whenever used shall be of sufficient thickness to prevent the
metal rims thereof from coming in direct contact with the road.
(b) Brakes - Every motor vehicle with four or more wheels shall
be provided with dual hydraulic brake system so that in case of
hydraulic line failure affecting the braking efficiency of any of the
four wheels at least either the front or rear wheels shall retain
normal braking capabilities. In the absence of such dual braking
system every motor vehicle with four or more wheels shall be
provided with safety valve devices of such design and make so
that failure of the hydraulic braking system of the vehicle
because of leakage in the line of other parts of the system will
not affect all wheels but rather render at all times effective the
braking power of either the two front wheels or the two rear wheels
when brakes are applied. This requirement, however, does not
apply to motor vehicles equipped with pneumatic braking system.
(b-1) Horns. - Every motor vehicle shall be provided with a horn or
signalling devise in good working order: Provided, however, That
no horn or signalling device emitting an exceptionally loud, startling,
or disagreeable sound shall be installed or used on any motor
vehicle.
All authorized emergency vehicles, such as ambulance and police
cars and fire wagons used for emergency calls shall be equipped
with a bell, siren, or exhaust whistle of a type approved by the
Commissioner, and no such device shall be installed or used in any
other vehicle.
No vehicle not classified as a motor vehicle under this Act shall be
equipped with a horn or signaling device similar to the horn
customarily used on motor vehicles.
(c) Headlights. - Every motor vehicle of more than one meter of
projected width, while in use on any public highway shall bear two
headlights, one on each side, with white or yellowish light visible
from the front, which, not later than one-half hour after sunset and
until at least one-half four before sunrise and whenever weather
conditions so require, shall both be lighted.
Additional lamps and light may be carried, but no red lights shall be
visible forward or ahead of the vehicle. Trucks, buses, trailers, and
other similar vehicles must carry, while in use on any public
highway during night-time, colored riding lights on each of the four
corners not more than ten centimeters from the top.
31
All motor vehicles shall be equipped with devices for varying the
intensity of light, and the driver must dim the headlights or tilt
the beams downward whenever the vehicle is being operated
on well-lighted streets within the limits of cities, municipalities,
and thickly populated barrios or districts, or whenever such
vehicle meets another vehicle on any public highway.
(d) Taillights. - Every motor vehicle and trailer shall, during the
above-mentioned hours, also bear on each side in the rear a
lamp showing a red light visible at least one hundred meters
from the rear of the vehicle and a lamp throwing a white light
upon the number plate issued for such vehicle.
(e) Stop lights. - Every motor vehicle shall be equipped at the
rear with at least one lamp which shall throw a sustained bright
red light visible under all conditions, even under bright sunlight,
when the brakes are applied. Each bus, truck, trailer or similar
vehicle shall be equipped, as its stop light at or near its rear
center, with a lamp at least twelve centimeters in diameter with
the word "stop" inscribed in the center.
(f) Motorcycle and other vehicle lights. - Every motor vehicle of
less than one meter of projected width shall be subject to the
preceding provisions of this section, except that one headlight
and one taillight shall be required. No signal light shall be
necessary.
Additional lamps may be carried provided they comply with the
preceding provisions of this section.
Every motor vehicle, or whatever style, kind, make, character, or
nature, when upon a highway during the hours above-
mentioned, whether in motion or not, shall have one or more
lights so arranged that the same shall be visible at least fifty meters
from the front and the rear of such vehicle.
(g) Lights when parked or disabled. - Appropriate parking lights or
flares visible one hundred meters away shall be displayed at a
corner of the vehicle whenever such vehicle is parked on highways
or in places that are not well-lighted or is placed in such manner as
to endanger passing traffic.
(h) Windshield wiper. - Every motor vehicle shall be equipped with
a mechanically or electrically operated device for wiping off
raindrops or other moisture from its front windshield.
(i) Use of red flag. - Whenever the load of any vehicle extends more
than one meter beyond the bed or body thereof, there shall be
displayed at every projecting end of such load a red flag not less
than thirty centimeters both in length and width, except that during
the hours fixed under subsection (c), there shall be displayed, in
lieu of the required red flags, red lights visible at least fifty meters
away.
(j) Mufflers. - Every motor vehicle propelled by an internal
combustion engine shall be equipped with a muffler, and whenever
said motor vehicle passes through a street of any city, municipality,
or thickly populated district or barrio, the muffler shall not be cut out
or disconnected. No motor vehicle shall be operated in such a
manner as to cause it to emit or make any unnecessary or
disagreeable odor, smoke or noise.
32
 CHAPTER IV streets" or
TRAFFIC RULES boulevards, clear of
traffic, with no " blind
ARTICLE I corners," when so
Speed Limit and Keeping to the Right designated.
Section 35. Restriction as to speed. - 3. On city and 30 km. per hour 30 km. per hour
municipal streets,
(a) Any person driving a motor vehicle on a highway shall drive with light traffic,
the same at a careful and prudent speed, not greater nor less when not designated
than is reasonable and proper, having due regard for the traffic, "through streets".
the width of the highway, and of any other condition then and
there existing; and no person shall drive any motor vehicle upon 4. Through crowded 20 km. per hour 20 km. per hour
a highway at such a speed as to endanger the life, limb and streets, approaching
property of any person, nor at a speed greater than will permit intersections at "blind
him to bring the vehicle to a stop within the assured clear corners," passing
distance ahead. school zones,
passing other
(b) Subject to the provisions of the preceding paragraph, the vehicles which are
rate of speed of any motor vehicle shall not exceed the stationery, or for
following: similar dangerous
circumstances.

MAXIMUM Passengers
Motor trucks and (c) The rates of speed hereinabove prescribed shall not apply to the
ALLOWABLE Cars and
buses following:
SPEEDS Motorcycle
1. On open country 80 km. per hour 50 km. per hour (1) A physician or his driver when the former responds to
roads, with no "blinds emergency calls;
corners" not closely
bordered by (2) The driver of a hospital ambulance on the way to and
habitations. from the place of accident or other emergency;
2. On "through 40 km. per hour 30 km. per hour

33
 (3) Any driver bringing a wounded or sick person for
emergency treatment to a hospital, clinic, or any other
similar place;
(4) The driver of a motor vehicle belonging to the Armed
Forces while in use for official purposes in times of riot,
insurrection or invasion;
(5) The driver of a vehicle, when he or his passengers
are in pursuit of a criminal;
(6) A law-enforcement officer who is trying to overtake a
violator of traffic laws; and
(7) The driver officially operating a motor vehicle of any
fire department, provided that exemption shall not be
construed to allow unless or unnecessary fast driving of
drivers aforementioned.
Section 36. Speed limits uniform throughout the Philippines. - No
provincial, city or municipal authority shall enact or enforce any
ordinance or resolution specifying maximum allowable speeds other
than those provided in this Act.
Section 37. Driving on right side of highway. - Unless a different
course of action is required in the interest of the safety and the security
of life, person or property, or because of unreasonable difficulty of
operation in compliance herewith, every person operating a motor
vehicle or an animal-drawn vehicle on a highway shall pass to the right
when meeting persons or vehicles coming toward him, and to the left
when overtaking persons or vehicles going the same direction, and
when turning to the left in going from one highway to another, every
vehicle shall be conducted to the right of the center of the intersection
of the highway.
Section 38. Classification of highways. - Public highways shall be properly
classified for traffic purposes by the provincial board, municipal board or
city council having jurisdiction over them, and said provincial board,
municipal board or city council shall provide appropriate signs therefor,
subject to the approval of the Commissioner. It shall be the duty of every
provincial, city and municipal secretary to certify to the Commissioner the
names, locations, and limits of all "through streets" designated as such by
the provincial board, municipal board or council.
ARTICLE II
Overtaking and Passing a Vehicle, and Turning at Intersections
Section 39. Overtaking a vehicle. - The driver of any motor vehicle
overtaking another vehicle proceeding in the same direction shall pass at
a safe distance to the left thereof, and shall not again drive to the right
side of the highway until safety clear of such overtaken vehicle except that
on a highway, within a business or residential district, having two or more
lanes for the movement of traffic in one direction, the driver of a vehicle
may overtake and pass another vehicle on the right. Nothing in this
section shall be construed to prohibit a driver overtaking and passing,
upon the right, another vehicle which is making or about to make a left
turn.
Section 40. Driver to give way to overtaking vehicle. - The driver of a
vehicle about to be overtaken and passed by another vehicle approaching
from the rear shall give way to the overtaking vehicle on suitable and
audible signal being given by the driver of the overtaking vehicle, and shall
not increase the speed of his vehicle until completely passed by the
overtaking vehicle.
Section 41. Restrictions on overtaking and passing.
34
(a) The driver of a vehicle shall not drive to the left side of the
center line of a highway in overtaking or passing another vehicle
proceeding in the same direction, unless such left side is clearly
visible, and is free of oncoming traffic for a sufficient distance
ahead to permit such overtaking or passing to be made in
safety.
(b) The driver of a vehicle shall not overtake or pass another
vehicle proceeding in the same direction, when approaching the
crest of a grade, not upon a curve in the highway, where the
driver's view along the highway is obstructed within a distance
of five hundred feet ahead, except on a highway having two or
more lanes for movement of traffic in one direction where the
driver of a vehicle may overtake or pass another vehicle:
Provided, That on a highway within a business or residential
district, having two or more lanes for movement of traffic in one
direction, the driver of a vehicle may overtake or pass another
vehicle on the right.
(c) The driver of a vehicle shall not overtake or pass any other
vehicle proceeding in the same direction, at any railway grade
crossing, not at any intersection of highways unless such
intersection or crossing is controlled by traffic signal, or unless
permitted to do so by a watchman or a peace officer, except on
a highway having two or more lanes for movement of traffic in
one direction where the driver of a vehicle may overtake or pass
another vehicle on the right. Nothing in this section shall be
construed to prohibit a driver overtaking or passing upon the
right another vehicle which is making or about to make a left
turn.
(d) The driver of a vehicle shall not overtake or pass, or attempt
to pass, any other vehicle, proceeding in the same direction,
between any points indicated by the placing of official temporary
warning or caution signs indicating that men are working on the
highway.
(e) The driver of a vehicle shall not overtake or pass, or attempt to
overtake or pass, any other vehicle proceeding in the same
direction in any "no-passing or overtaking zone."
ARTICLE III
Right of Way and Signals
Section 42. Right of way.
(a) When two vehicles approach or enter an intersection at
approximately the same time, the driver of the vehicle on the left
shall yield the right of way to the vehicle on the right, except as
otherwise hereinafter provided. The driver of any vehicle traveling
at an unlawful speed shall forfeit any right of way which he might
otherwise have hereunder.
(b) The driver of a vehicle approaching but not having entered an
intersection, shall yield the right of way to a vehicle within such
intersection or turning therein to the left across the line of travel of
such first-mentioned vehicle, provided the driver of the vehicle
turning left has given a plainly visible signal of intention to turn as
required in this Act.
(c) The driver of any vehicle upon a highway within a business or
residential district shall yield the right of way to a pedestrian
crossing such highway within a crosswalk, except at intersections
where the movement of traffic is being regulated by a peace officer
35
 or by traffic signal. Every pedestrian crossing a highway within a
business or residential district, at any point other than a
crosswalk shall yield the right of way to vehicles upon the
highway.
(d) The driver of a vehicle upon a highway shall bring to a full
stop such vehicle before traversing any "through highway" or
railroad crossing: Provided, That when it is apparent that no
hazard exists, the vehicle may be slowed down to five miles per
hour instead of bringing it to a full stop.
Section 43. Exception to the right of way rule.
(a) The driver of a vehicle entering a highway from a private
road or drive shall yield the right of way to all vehicles
approaching on such highway.
(b) The driver of a vehicle upon a highway shall yield the right of
way to police or fire department vehicles and ambulances when
such vehicles are operated on official business and the drivers
thereof sound audible signal of their approach.
(c) The driver of a vehicle entering a "through highway" or a
"stop intersection" shall yield the right of way to all vehicles
approaching to either direction on such "through highway":
Provided, That nothing in this subsection shall be construed as
relieving the driver of any vehicle being operated on a "through
highway" from the duty of driving with due regard for the safety
of vehicles entering such "through highway" nor as protecting
the said driver from the consequence of an arbitrary exercise off
such right of way.
Section 44. Signals on starting, stopping or turning. -
(a) The driver of any vehicle upon a highway, before starting,
stopping or turning from a direct line, shall first see that such
movement can be made in safety, and if any pedestrian may be
affected by such movement, shall give a clearly audible signal by
sounding the horn, and whenever the operation of any other vehicle
approaching or following may be affected by such movement, shall
give a signal plainly visible to the driver of such other vehicles of
the intention to make such movement.
(b) The signal herein required shall be given by means of extending
the hand and arm beyond the left side of the vehicle, or by an
approved mechanical or electrical signal device.
ARTICLE IV
Turning and Parking
Section 45. Turning at intersections. -
(a) The drive of a vehicle intending to run to the right at an
intersection shall approach such intersection in the lane for traffic
nearest to the right-hand side of the highway and, in turning, shall
keep as close as possible to the right-hand curb or edge of the
highway.
(b) The driver of a vehicle intending to turn to the left shall approach
such intersection in the lane for traffic to the right of and nearest to
the center line of the highway, and, in turning, shall pass to the left
of the center of the intersection, except that, upon highways laned
for traffic and upon one-way highways, a left turn shall be made
36
 from the left lane of traffic in the direction in which the vehicle is
proceeding.
(c) For the purpose of this section, the center of the intersection
shall mean the meeting point of the medial lines of the highways
intersecting one another, except when it is occupied by a
monument, grass plot or any permanent structure, other than
traffic control device.
Section 46. Parking prohibited in specified places. - No driver shall
park a vehicle, or permit it to stand, whether attended or unattended,
upon a highway in any of the following places:
(a) Within an intersection
(b) On a crosswalk
(c) Within six meters of the intersection of curb lines.
(d) Within four meters of the driveway entrance to and fire
station.
(e) Within four meters of fire hydrant
(f) In front of a private driveway
(g) On the roadway side of any vehicle stopped or parked at the
curb or edge of the highway
(h) At any place where official signs have been erected
prohibiting parking.
Section 47. Parked vehicle. - Whenever a motor vehicle is parked
unattended on any highway, the driver thereof must turn off the ignition
switch and stop the motor and notch effectively the hand brake.
ARTICLE V
Miscellaneous Traffic Rules
Section 48. Reckless driving. - No person shall operate a motor vehicle
on any highway recklessly or without reasonable caution considering the
width, traffic, grades, crossing, curvatures, visibility and other conditions of
the highway and the conditions of the atmosphere and weather, or so as
to endanger the property or the safety or rights of any person or so as to
cause excessive or unreasonable damage to the highway.
Section 49. Right of way for police and other emergency vehicles. - Upon
the approach of any police or fire department vehicle, or of an ambulance
giving audible signal, the driver of every other vehicle shall immediately
drive the same to a position as near as possible and parallel to the right-
hand edge or curb of the highway, clear of any intersection of highways,
and shall stop and remain in such position, unless otherwise directed by a
peace officer, until such vehicle shall have passed.
Section 50. Tampering with vehicles. - No unauthorized person shall
sound the horn, handle the levers or set in motion or in any way tamper
with a damage or deface any motor vehicle.
Section 51. Hitching to a vehicle. - No person shall hang on to, ride on,
the outside or the rear end of any vehicle, and no person on a bicycle,
roller skate or other similar device, shall hold fast to or hitch on to any
moving vehicle, and no driver shall knowingly permit any person to hang
on to or ride, the outside or rear end of his vehicle or allow any person on
37
a bicycle, roller skate or other similar device to hold fast or hitch to his
vehicle.
Section 52. Driving or parking on sidewalk. - No person shall drive or
park a motor vehicle upon or along any sidewalk, path or alley not
intended for vehicular traffic or parking.
Section 53. Driving while under the influence of liquor or narcotic
drug. - No person shall drive a motor vehicle while under the influence
of liquor or narcotic drug.
Section 54. Obstruction of traffic. - No person shall drive his motor
vehicle in such a manner as to obstruct or impede the passage of any
vehicle, nor, while discharging or taking on passengers or loading or
unloading freight, obstruct the free passage of other vehicles on the
highway.
Section 55. Duty of driver in case of accident. - In the event that any
accident should occur as a result of the operation of a motor vehicle
upon a highway, the driver present, shall show his driver's license, give
his true name and address and also the true name and address of the
owner of the motor vehicle.
No driver of a motor vehicle concerned in a vehicular accident shall
leave the scene of the accident without aiding the victim, except under
any of the following circumstances:
1. If he is in imminent danger of being seriously harmed by any
person or persons by reason of the accident;
2. If he reports the accident to the nearest officer of the law; or
3. If he has to summon a physician or nurse to aid the victim.
CHAPTER V
PENAL AND OTHER PROVISIONS
ARTICLE I
Penalties
Section 56. Penalty for violation. - The following penalties shall be
imposed for violations of this Act:
(a) For registering later than seven days after acquiring title to an
unregistered motor vehicle or after conversion of a registered motor
vehicle requiring larger registration fee than that for which it was
originally registered, or for renewal of a delinquent registration, the
penalty shall be a fine fifty per cent of the registration fees
corresponding to the portion of the year for which the vehicle is
registered for use.
(b) For failure to sign driver's license or to carry same while driving,
twenty pesos fine.
(c) Driving a vehicle with a delinquent or invalid driver's license, fifty
pesos fine.
(d) Driving a motor vehicle with delinquent, suspended or invalid
registration, or without registration or without the proper license
plate for the current year, three hundred pesos fine.
(e) Driving a motor vehicle without first securing a driver's license,
three hundred pesos fine.
(f) Driving a motor vehicle while under the influence of liquor or
narcotic drug, a fine of not less than two hundred pesos nor more
38
than five hundred pesos, or imprisonment of not more than
three months, or both, at the discretion of the Court.
(g) Violation of Section thirty-two, thirty-four (a), (b) and (b-1),
thirty-five and forty-six a fine not exceeding one hundred pesos:
Provided, however, That in the case of violation of Section 34
(b) the vehicle or vehicles affected may not be allowed to
operate unless the requirements provided in this section are
complied with.
(h) Violations of Sections forty-nine, fifty and fifty-two, a fine not
exceeding fifty pesos.
(i) For making, using or attempting to make or use a driver's
license, badge, certificate or registration, number plate, tag or
permit in imitation or similitude of those issued under this Act, or
intended to be used as or for a legal license, badge, certificate,
plate, tag or permit or with intent to sell or otherwise dispose of
the same to another, or false or fraudulently represent as valid
and in force any driver's license, badge, certificate, plate, tag or
permit issued under this Act which is delinquent or which has
been suspended or revoked, a fine of not exceeding three
hundred pesos.
(j) For using private passenger automobiles, private trucks,
private motorcycles, and motor wheel attachments for hire, in
violation of Section seven, subsections (a), (b), and (c), of this
Act, a fine of two hundred pesos and suspension of driver's
license for a period of three months for the first conviction; a fine
of three hundred pesos and six months imprisonment for the
second conviction; and an imprisonment of one year and
permanent revocation of the driver's license for the third
conviction.
(k) For permitting, allowing, consenting to, or tolerating the use of a
privately-owned motor vehicle for hire in violation of Section seven,
subsections (a), (b), and (c), of this Act, there shall be imposed
upon the owner of the vehicle a fine of five hundred pesos and the
certificate of registration shall be suspended for a period of three
months for the first conviction, and an increase of one hundred
pesos in the fine and one month's suspension of the registration for
each subsequent conviction.
(l) For violation of any provisions of this Act or regulations
promulgated pursuant hereto, not hereinbefore specifically
punished, a fine of not less than ten or more than fifty pesos shall
be imposed.
(m) In the event an offender cannot pay any fine imposed pursuant
to the provisions of this Act, he shall be made to undergo subsidiary
imprisonment as provided for in the Revised Penal Code.
(n) If, as the result of negligence or reckless or unreasonable fast
driving, any accident occurs resulting in death or injury of any
person, the motor vehicle operator at fault shall, upon conviction,
be punished under the provisions of the Revised Penal Code.
Section 57. Punishment for other offenses. - The conviction of any person
for any offense under this Act shall not bar his prosecution for any other
offense which may have been committed by such person concurrently with
the commission of the offense of which he was convicted or in doing the
act or series of acts which constituted the offense of which he was
convicted.
Section 58. Duty of clerks of court. - It is hereby made the duty of clerks
of the Court of First Instance, the City Court of Municipal Court trying
traffic violation cases to certify to the Commission the result of any case,
whether criminal or civil, involving violations of any provision of this Act or
39
of other laws and ordinances relating to motor vehicles. Said certificate
shall specifically contain the name of the driver or owner of the vehicle
involved, his address, the number of his license and/or of the certificate
or registration of his vehicle, and the date thereof, and the offense of
which he was convicted or acquitted.
ARTICLE II
Collection of Fees, Taxes and Fines, Liens, Allotment of Funds
Section 59. (a) Collection of fees; national and local taxes; toll fees. -
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 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 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
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.
Section 60. The lien upon motor vehicles. - Any balance of fees for
registration, re-registration or delinquent registration of a motor vehicle,
remaining unpaid and all fines imposed upon any vehicle owner, shall
constitute a first lien upon the motor vehicle concerned.
The Commission is hereby vested with authority to issue a warrant of
constructive or actual distraint or and levy to any owner of motor vehicle
who has any balance of fees for registration, re-registration or delinquent
registration of a motor vehicle remaining unpaid, which upon demand by
the Commissioner of the Land Transportation Commission or any of his
deputies executing such warrant, the owner of the said vehicle shall
surrender same at the time demanded, except when the attachment or
execution is under any judicial process. Any owner who fails or refuses to
surrender any of such property or vehicle not so surrendered shall be
punished by a fine not exceeding the amount of the fees (including
penalties and interests, if any) for the collection of which such warrant has
been issued, together with the costs and interests, if any, from the time of
such surrender. In addition, such owner shall punished by a fine of not
more than three hundred pesos or an imprisonment not more than six
months, or both.
Section 61. Disposal of monies collected. - Monies collected under the
provisions of this Act shall be deposited in a special trust account in the
National Treasury to constitute the Highway Special Fund, which shall be
apportioned and expended in accordance with the provisions of the
"Philippine Highway Act of 1953": Provided, however, That the amount
necessary to maintain and equip the Land Transportation Commission but
not to exceed fifteen per cent of the total collections during any one year,
shall be set aside for the purpose.
40
 ARTICLE III
Final Provisions
Section 62. No provincial board, city or municipal board or council
shall enact or enforce any ordinance or resolution in conflict with the
provisions of this Act, or prohibiting any deputy or agent of the
Commission to enforce this Act within their respective territorial
jurisdiction and the provisions of any charter to the contrary
notwithstanding.
Section 63. Repeal of laws and ordinances. - Act Numbered Thirty-
nine hundred ninety-two, as amended, and all laws, executive orders,
ordinances, resolutions, regulations, or parts thereof in conflict with the
provisions of this Act are repealed: Provided, however, That nothing
contained in this Act shall be construed as limiting or superseding any
provisions of the Public Service Act, as amended, with respect to the
control by the Public Service Commission of motor vehicles operating
as public service, nor shall any provision of this Act be construed as
limiting or abridging the powers conferred upon and exercised by the
Public Service Commission with regards to the control and supervision
of the operation of such motor vehicles as public service.
Section 64. Appropriation. - To carry out effectively the provisions of
this Act, the amount of two hundred fifty thousand pesos is hereby
appropriated out of the fees collected under this Act, in addition to the
appropriations provided in the General Appropriations Act, for the
expense of this Commission for the fiscal year beginning July first,
nineteen hundred and sixty-four, to June thirtieth, nineteen hundred
and sixty-five: Provided, however, That any savings in the
appropriations of the Motor Vehicles Office for the fiscal year beginning
July first, nineteen hundred and sixty-three, to June thirtieth, nineteen
hundred and sixty-four shall likewise be available for this purpose.
Section 65. Separability. - If any provisions of this Act or the application
thereof to any person or circumstance is held invalid, the remainder of the
Act, and the application of such provision to other persons or
circumstances, shall not be affected thereby.
Section 66. Effectivity. - This Act shall take effect upon its approval.
Approved: June 20, 1964
Traffic Rules and Regulations in the Philippines
Republic Act No. 8750 - Seat Belts Use Act
An act requiring the mandatory compliance by motorists of private and
public vehicles to use seat belt devices, and requiring vehicle
manufacturers to install seat belt devices in all their manufactured
vehicles.
Republic Act No. 2000 - Limited Access Facilities Act
In this Act, The Toll Regulatory Board declares the North and South Luzon
Expressways, including Balintawak to Tabang section of the North Luzon
Expressway, as Limited Access Facilities or Expressways.
Republic Act No. 4136
An act to compile the laws relative to land transportation and traffic rules,
to create a land transportation commission and for other purposes.
41
 REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
Republic Act No. 8794 METRO MANILA THIRD REGULAR SESSION
An act imposing a Motor Vehicle User's Charge on owners of all types of Begun and held in Metro Manila, on Monday, the twenty-
Motor Vehicles and other purposes.
fifth day of July, nineteen hundred and ninety four.
Section 7C of which provides penalties for overloaded trucks and trailers
and prohibits vehicles that exceed the allowable gross vehicle weight or
[REPUBLIC ACT NO. 7924]
axle loads from proceeding the roadway. The axle load should not
exceed 13,500 kgs or 13.5 metric tons. AN ACT CREATING THE METROPOLITAN MANILA
DEVELOPMNET
AUTHORITY, DEFINING ITS POWERS AND FUNCTIONS,
PROVIDING FUNDING THEREFOR AND FOR OTHER
PURPOSES

Be it enacted by the Senate and the House of Representatives of

the Philippines in Congress assembled:

Sec. 1 Declaration of Policy - It is hereby declared to be the

policy of the State to treat Metropolitan Manila as a special
development and administrative region and certain basic
services affecting or involving Metro Manila as metro-wide
services more efficiently and effectively planned, supervised and
coordinated by a development authority as created therein,
without prejudice to the autonomy of the affected local
gvernment units.

Pursuant to this policy, Metropolitan Manila, as a public

corporation created under Presidential Decree No. 824,
embracing the Cities of Caloocan, Manila, Mandaluyong, Pasay,
42
and Quezon and the Municipalities of Las Piñas, Makati,
Malabon, Marikina, Muntinlupa Navotas, Parañaque, Pasig,
Pateros, San Juan, Tagig, and Valenzuela, is hereby
constituted into a special development and administered
region.
Sec. 2 Creation of Metropolitan Manila Development
Authority. - The affairs of Metropolitan Manila shall be
administered by the Metropolitan Manila Development
Authority, hereinafter referred to as the MMDA, to replace the
Metro Manila Authority (MMA) organized under Executive
Order No. 392, Series of 1990.
The MMDA shall perform planning, monitoring and
coordinative functions, and in the process exercise regulatory
and supervisory authority over the delivery of metro-wide
services within Metro Manila without diminution of the
autonomy of the local government units concerning purely
local matters.
Sec. 3 Scope of MMDA Services. - Metro-wide services under
the jurisdiction of the MMDA are those services which have
metro-wide impact and transcend legal political boundaries or
entail huge expenditures such that it would not be viable for
said services to be provided by the individual local
government units (LGUs) comprising Metropolitan Manila.
These services shall include:
Development planning which includes the preparation of
medium and long-term development plans: the development
evaluation and packaging of projects; investment
programming and coordination and monitoring of plan, program
and project implementation.
Transport and traffic management which includes the
formulation, coordination and monitoring of policies, standards,
programs and projects to rationalize the existing transport
operations, infrastructure requirements, the use of
thoroughfares, and promotions of safe and convenient
movement of persons and goods: provision for the mass
transport system and the institution of a system to regulate road
users; administration and implementation of all irerhe
enforcement operations, traffic engineering services and traffic
education programs, including the institution of a single ticketing
system in Metropolitan Manila.
Solid waste disposal and management which include formulation,
and implementation of policies, standards, programs and
projects for proper and sanitary waste disposal. It shall likewise
include the establishment and operation of sanitary landfill and
related facilities and the implementation of other alternative
programs intended to reduce, reuse and recycle solid waste.
Flood control and sewerage management which includes the
formulation and implementation of policies, standards, programs
and projects for an integrated flood control, drainage and
sewerage system.
Urban renewal, zoning and land use planning, and shelter
43
services which includes the formulation, adoption and
implementation of policies, standards, rules and regulations,
programs and projects to rationalize and optimize urban land
use and provide direction to urban growth and expansion, the
rehabilitation and development of slum and blighted areas,
the development of shelter and housing facilities and the
provision of necessary social services thereof.
Health and sanitation, urban protection and pollution control
which includes the formulation and implementation of
policies, rules and regulations, standards, programs and
projects for the promotion and safeguarding of the health and
sanitation of the region and for the enhancement of ecological
balance and the prevention, control and abatement of
environmental pollution.
Public safety which includes the formulation and
implementation of programs and policies and procedures to ,
achieve public safety, especially preparedness for preventive
or rescue operations during times of calamities and disasters
such as conflagrations, earthquake,-flood and tidal waves;
and coordination and mobilization of resources and the
implementation for rehabilitation and relief operations in
coordination with national agencies concerned.
Sec. 4 Metro Manila Council. The governing board and policy
making body of the MMDA shall be the Metro Manila Council,
composed Of the majors of the eight (8) cities and nine (9)
municipalities enumerated in Section 1 hereof and the
president of the Metro Manila Vice Mayors League and the
president of the Metro Manila Councilors League.
The heads of the Department of Transportation and
Communications (DOTC), Department of Public Works and
Highways (DPWH), Department of Tourism (DOT), Department
of Budget and Management Office, Housing Urban and
Development Coordinating Committee (HUDCC) and the
Philippine National Police (PNP) or their duly authorized
representatives, shall attend meetings of the Council as non-
voting members.
The Council shall be headed by a Chairman, who shall be
appointed by the President and who shall continue to hold office
at the discretion of the appointing authority. He shall be vested
with the rank, rights, privileges, disqualifications, and
prohibitions of a Cabinet member.
The Chairman shall be assisted by a General Manager, an
Assistant General Manager for Finance and Administration, an
Assistant General Manager for Planning and an Assistant General
Manager for Operations, all of whom shall be appointed by the
President with the consent and concurrence of the majority of
the Council, subject to civil service laws and regulations. They
shall enjoy security of tenure and may be removed for cause in
accordance with law.
The Assistant General Manager for Planning must have not less
than five (5) years of extensive experience in development and
planning or must hold a master's degree in urban planning or
similar discipline.
44
The Chairman and the members of the Council shall be
entitled to allowances and per diems in accordance with
existing policies, rules and regulations on the matter.
Sec. 5. Functions and powers of the Metro Manila
Development Authority. - The MMDA shall:
Formulate, coordinate and regulate the implementation of
medium and long term plans and programs for the delivery of
metro-wide services, land use and physical development
within Metropolitan Manila, consistent with national
development objectives and priorities.
Prepare, coordinate and regulate the implementation of
medium term investment programs tor metro-wide services
which shall indicate sources and uses of funds for priority
programs and projects, which shall include the packaging of
projects and presentation to funding institutions;
Undertake and manage on its own metro-wide programs and
projects for the delivery of specific services under its
jurisdiction subject to the approval of the Council. For this
purpose, MMDA can create appropriate project management
offices;
Coordinate and monitor the implementation of such plans,
programs and projects in Metro Manila; identify bottlenecks
and adopt solutions to problems of implementation; and
The MMDA shall set the policies concerning traffic in Metropolitan
Manila, and coordinate and regulate the implementation of all
programs and projects concerning traffic management
specifically pertaining to enforcement, engineering and
education. Upon request, it shall be extended assistance and
cooperation, including but not limited to, assignment of
personnel, by all other government agencies and offices
concerned.
Install and administer a single ticketing system, fix, impose and
collect fines and penalties for all kinds of violations of traffic
rules and regulations, whether moving or non-moving in nature,
and confiscate and suspend or revoke driver's licenses in the
enforcement of such traffic laws and regulations, the provisions
of RA 4136 and PD 1605 to the contrary notwithstanding. For
this purpose, the Authority shall enforce all traffic laws and
regulations in Metro Manila, through its traffic operation center,
and may deputized members of the PNP, traffic enforcers of local
government units, duly licensed security guards or members of
non-governmental organizations to whom may be delegated
certain authority, subject to such conditions and requirements as
the Authority may impose.
Perform other related functions required to achieve the
objectives of the MMDA, including the undertaking of delivery of
basic services to the local government units when deemed
necessary, subject to prior coordination with and consent of the
local government unit concerned.
45
Sec. 6 Functions of the Metro Manila Council. -
The Council shall be the policy making body of the MMDA.
It shall approve metro-wide plans, programs and projects and
issue rules and regulations and resolutions deemed necessary
by the MMDA to carry out the purposes of this Act.
it may increase the rate of allowances and per diems of the
members of the Council to take effect during the term of the
succeeding Council; it shall fix the compensation of the
officers and personnel of the MMDA, and approve the annual
budget thereof for submission to the DBM.
It shall promulgate rules and regulations and set policies and
standards for metro-wide application governing the delivery
of basic services, prescribe and collect service and regulatory
fees, and impose and collect fines and penalties.
Sec. 7 Functions of the Chairman. -The Chairman shall:
Appoint, subject to civil service laws, rules and regulations. all
subordinate officers and employees, who shall enjoy security
of tenure and may be removed only for cause in accordance
with law. The Chairman is hereby authorized to engage the
services of experts/consultants either on full time or part-time
basis, as may be required in the performance of his functions
and duties as may be determined by him:
Execute the policies and measures approved by the Metro Manila
Council and be responsible for the efficient and effective day-to-
day management of the operations of the MMDA;
Prepare the annual budget for the operations of the MMDA for
submission tothe Council;
Submit for consideration of the Council such other policies and
measures as may be deemed necessary to carry out the
purposes and provisions of this Act;
Subject to the guidelines and policies set by the Council, prepare
the staffing pattern and fix the number of subordinate officials
and employees of the MMDA; and exercise the power to
discipline subordinate officials and employees under the
provision of law;
Prepare an annual report on the accomplishments of the MMDA
at the close of each calendar year for submission to the Council
and to the President of the Philippines; and
Perform such other duties as may be assigned to him by the
President or by the Council.
46
Sec. 8 Functions of the General Manager. The General
Manager shall:
Assist the Chairman in the administration of the MMDA and
supervision of subordinate personnel;
Assist the Chairman in the supervision of the operation of
various operating centers and units of MMDA;
Assist the Chairman in the review of plans and programs for
the MMDA and for Metro Manila, in the preparation of the
annual report of the activities and accomplishments of the
MMDA; and
Perform such other duties and functions as maybe lawfully
delegated or assigned by the Chairman from time to time.
Sec. 9 Institutional Linkages of the MMDA. - The MMDA shall,
in carrying out its functions, consult, coordinate and work
closely with the LGUs, the National Economic Development
Authority (NEDA) and other national government agencies
mentioned in Section 4 hereof and accredited people's
organizations (POs); non-governmental organizations -
(NGOs), and the private sector operating in Metro Manila. The
MMDA Chairman or his authorized representative from among
the Council members, shall be ex-officio member of the
boards of government corporations and corporations and
committees of the department and offices of government
whose activities are relevant to the objectives and
responsibilities of the MMDA which shall include but not limited
to Metropolitan Waterworks and Sewerage (MWSS), DOTC,
DPWH, HUDCC and Department of Interior and Local
Government (DILG).
The MMDA shall have a master plan that shall serve as the
framework for the local development plans of the component
LGUs.
The MMDA shall submit its development plans and investment
programs to the NEDA for integration into the Medium-Term
Philippine Development Plan (MTPDD) and public investment
program.
The implementation of the MMDA's plans, programs and projects
shall be undertaken by the LGUs, the concerned national
government agencies, the POs, NGOs and the private sector and
MMDA itself where appropriate. For this purpose, the MMDA may
enter into contracts, memoranda of agreement and other
cooperative arrangements with these bodies for the delivery of
the required services within Metropolitan Manila.
The MMDA shall, in coordination with the NEDA and the
Department of Finance, interface with the foreign assistance
agencies for purposes of obtaining financing support, grants and
donations in support of its programs and projects.
Sec. 10 Sources of Funds and the Operating Budget of MMDA -
To carry out the purposes of this Act, the amount of One billion
pesos
47
(PI ,000,000,000) is hereby authorized to the appropriated
for the initial operation of the MMDA. Thereafter, the annual
expenditures including capital outlays of the MMDA shall be
provided in the general Appropriations Act.
The MMDA shall continue to receive the Internal Revenue
Allotment (IRA) currently allocated to the present MMA.
The MMDA is likewise empowered to levy fines and impose
fees and charges for various services rendered.
Five percent (5%) of the total annual gross revenue of the
preceding year, net of the internal revenue allotment, of each
local government unit mentioned in Section 2 hereof, shall
accrue and become payable monthly to the MMDA by each
city or municipality. In case of failure to remit the said fixed
contribution, the DBM shall cause the disbursement of the
same to MMDA chargeable against the IRA allotment of the
city or municipality concerned, the provisions of Section 286
of RA 7160 to the contrary notwithstanding.
Sec. 11 Transitory Provisions. - To prevent disruption in the
delivery of basic urban services pending the full
implementation of the MMDA's organizational structure and
staffing pattern, all officials and employees of the interim
MMA shall continue to exercise their duties and functions and
receive their salaries and allowances until they shall have
been given notice of change of duties and functions, and of
being transferred to another office or position.
All assets and properties presently in used or under the
accountability of the interim MMA and all its obligations,
indebtedness or liabilities shall be transferred to and assumed by
the MMDA created under this Act, subject to the condition that
may be established by the Department of Budget and
Management, Office of the President and Commission on Audit.
The Civil Service Rules and Regulations pertinent to the
displacement of personnel affected by this Act shall be strictly
enforced. The national government shall provide such amount as
may be necessary to pay the benefits accruing to displace
employees at the rate of one and one-fourth (1-1/4) month's
salary for every year of service: provided if qualified for
retirement under existing retirement laws, said employees may
receive the benefits thereunder.
Sec. 12 Repealing Clause. - Executive Order No. 392 dated
January 9, 1990 is hereby repealed. All other laws, decrees,
executive orders, rules and regulations or parts thereof
inconsistent with or contrary to the provisions of this Act are
hereby repealed or modified accordingly.
Sec. 13 Separability Clause. - In any part or provision of this Act
is held unconstitutional or invalid, other parts of provisions
thereof which are not affected shall continue to remain in full
force and effect.
Sec. 14 Effectivity. - This Act shall take effect fifteen (15) days
following completion of its publication in at least two (2)
newspapers of general circulation.
48
 REPUBLIC ACT NO. 8749

JOSE DE VENECIA, JR.

EDGARDO J. ANGARA
President of the Senate
Speaker of the House of PHILIPPINE CLEAN AIR ACT OF
Representatives
1999
This Act which originated in the House of Representatives was
finally passed by the House of Representatives and the
Senate on February 21, 1995 and February 14, 1995,
respectively Chapter 1
General Provisions
Article One
Basic Air Quality Policies
CAMILIO F. SABIO
EDGARDO E. TUMANGAN
Secretary General of the SECTION 1. Short Title. - This Act shall be known as
Secretary of the Senate
House of Representatives the “Philippine Clean Air Act of 1999.”

SEC. 2. Declaration of Principles. - The State shall protect and

FIDEL
President of the Philippines
Effectivity: March 1, 1995
advance the right of the people to a balanced and healthful
V. RAMOS ecology in accord with the rhythm and harmony of nature.
The State shall promote and protect the global environment to
attain sustainable development while recognizing the primary
responsibility of local government units to deal with
environmental problems.

The State recognizes that the responsibility of cleaning the

habitat and environment is primarily area-based.

The State also recognizes the principle that “polluters must

pay”.

49
Finally, the State recognizes that a clean and healthy hereby sought to be recognized and the State shall seek to
environment is for the good of all and should, therefore, guarantee their enjoyment:
be the concern of all. [a] The right to breathe clean air;

SEC. 3. Declaration of Policies. - The State shall pursue a [b] The right to utilize and enjoy all natural
policy of balancing development and environmental protection. resources according to the principles of sustainable
To achieve this end, the frame work for sustainable development;
development shall be pursued. It shall be the policy of the
State to: [c] The right to participate in the formulation,
planning, implementation and monitoring of
[a] Formulate a holistic national program of air environmental policies and programs and in the
pollution management that shall be implemented by decision-making process;
the government through proper delegation and
effective coordination of functions and [d] The right to participate in the decision-making
activities; process concerning development policies, plans
and programs projects or activities that may have
[b] Encourage cooperation and self-regulation adverse impact on the environment and public health;
among citizens and industries through the
application of market-based instruments; [e] The right to be informed of the nature and extent
of the potential hazard of any activity, undertaking
[c] Focus primarily on pollution prevention rather or project and to be served timely notice of any
than on control and provide for a significant rise in the level of pollution and the
comprehensive management program for air pollution; accidental or deliberate
release into the atmosphere of harmful or hazardous
[d] Promote public information and education and substances;
to encourage the participation of an informed and
active public in air quality planning and [f] The right of access to public records which a
monitoring; and citizen may need to exercise his or her rights
effectively under this Act;
[e] Formulate and enforce a system of
accountability for short and long-term adverse [g] The right to bring action in court or quasi-
environmental impact of a project, program or judicial bodies to enjoin all activities in violation
activity. This shall include the setting up of a of environmental laws and regulations, to compel the
funding or guarantee mechanism for clean-up and rehabilitation and cleanup of affected area, and to
environmental rehabilitation and compensation for seek the imposition of penal sanctions against
personal damages. violators of environmental laws; and

SEC. 4. Recognition of Rights. - Pursuant to the above- [h] The right to bring action in court for
declared principles, the following rights of citizens are compensation of personal damages resulting from the

50
 adverse environmental and public health impact of a d) “Ambient air quality” means the general amount of
project or activity. pollution present in a broad area; and refers to
the atmosphere’s average purity as distinguished from
discharge measurements taken at the source of pollution;
Article Two
Definition of Terms e) “Certificate of Conformity” means a certificate issued
by the Department of Environment and Natural Resources to a
vehicle manufacturer / assembler or importer certifying
SEC. 5. Definitions.- As used in this Act: that a particular new vehicle or vehicle type meets the
requirements provided under this Act and its rules and
a) “Air pollutant” means any matter found in the regulations;
atmosphere other than oxygen, nitrogen, water vapor,
carbon dioxide, and the inert gases in their natural or f) “Department” means the Department of Environment and
normal concentrations, that is detrimental to health or Natural Resources;
the environment, which includes, but not limited to
smoke, dust, soot, cinders, fly ash, solid particles of g)“Eco-profile” means the geographic-based instrument for
any kind, gases, fumes, chemical mists, steam and planners and decision makers which present an evaluation of
radioactive substances; the environment quality and carrying capacity of an area.
It is the result of the integration of primary data and
b) “Air pollution” means any alteration of the physical, information on natural resources and antropogenic
chemical and biological properties of the activities on the land which were evaluated by
atmospheric air, or any discharge thereto of any liquid, various environmental risk assessment and forecasting
gaseous or solid substances that will or is likely to methodologies that enable the Department to anticipate
create or to render the air resources of the country the type of development control necessary in the planning
harmful, detrimental, or injurious to public health, area.
safety or welfare or which will adversely affect their
utilization for domestic, commercial, industrial, h)“Emission” means any air contaminant, pollutant, gas
agricultural, recreational, or other legitimate purposes; stream or unwanted sound from a known source which is passed
into the atmosphere;
c) “Ambient air quality guideline values” means the
concentration of air over specified periods classified i) “Greenhouse gases” means those gases that can
as short-term and long-term which are intended to serve potentially or can reasonably be expected to induce global
as goals or objectives for the protection of health warming, which include carbon dioxide, oxides of nitrogen,
and/or public welfare. These values shall be used for air chloroflourocarbons, and the like;
quality management purposes such as determining
time trends, evaluating stages of deterioration or j) “Hazardous substances” means those substances which
enhancement of the air quality, and in general, used as present either: (1) short-term acute hazards such as acute
basis for taking positive action in preventing, toxicity by ingestion, inhalation, or skin absorption,
controlling, or abating air pollution; corrosivity or other skin or eye contact hazard or the risk

51
of fire explosion; or (2) long-term toxicity upon dividing by two (2) the sum of the Research Octane
repeated exposure, carcinogecity (which in some Number (RON), plus the Motor Octane Number (MON); the octane
cases result in acute exposure but with a long latent requirement, with respect to automotive gasoline for use in
period), resistance to detoxification process such a motor vehicle or a class thereof, whether imported,
as biodegradation, the potential to pollute underground manufactured, or assembled by a manufacturer, shall refer to
or surface waters; the minimum octane rating of such automotive gasoline which
such manufacturer recommends for the efficient operation of
k) “Infectious waste” means that portion of medical such motor vehicle, or a substantial portion of such class,
waste that could transmit an infectious disease; without knocking;

l) “Medical waste” means the materials generated as a r) “Ozone Depleting Substances (ODS)” means those
result of patient diagnosis, treatment, or substances that significantly deplete or otherwise modify
immunization of human beings or animals; the ozone layer in a manner that is likely to result in
adverse effects of human health and the environment such as,
m) “Mobile source” means any vehicle propelled by or but not limited to, chloroflourocarbons, halons and the
through combustion of carbon-based or other like;
fuel, constructed and operated principally for the
conveyance of persons or the transportation of property s) “Persistent Organic Pollutants (POPs)” means the organic
goods; compounds that persist in the environment, bioaccumulate
through the food web, and pose a risk of causing adverse
n) “Motor vehicle” means any vehicle propelled by a effects to human health and the environment. These
gasoline or diesel engine or by any means other compounds resist photolytic, chemical and biological
than human or animal power, constructed and operated degradation, which shall include but not be limited to
principally for the conveyance of persons or dioxin, furan, Polychlorinated Biphenyls (PCBs),
the transportation of property or goods in a public organochlorine pesticides, such as aldrin, dieldrin, DDT,
highway or street open to public use; hexachlorobenzene, lindane, toxaphere and chlordane;

o) “Municipal waste” means the waste materials generated t) “Poisonous and toxic fumes” means any emissions and
from communities within a specific locality; fumes which are beyond internationally - accepted standards,
including but not limited to the World Health Organization
p) "New vehicle” means a vehicle constructed entirely (WHO) guideline values;
from new parts that has never been sold or
registered with the DOTC or with the appropriate agency u) “Pollution control device" means any device or apparatus
or authority, and operated on the highways of the used to prevent, control or abate the pollution of air
Philippines, any foreign state or country; caused by emissions from identified pollution sources at
levels within the air pollution control standards
q) “Octane Rating or the Anti-Knock Index(AKI)” means established by the Department;
the rating of the anti-knock characteristics of a
grade or type of automotive gasoline as determined by

52
 v) “Pollution control technology” means the pollution b) Analysis and evaluation of the current state,
control devices, production process, fuel trends and projections of air pollution at the
combustion processes or other means that effectively various levels provided herein;
prevent or reduce emissions or effluent;
c) Identification of critical areas, activities, or
w) “Standard of performance" means a standard for projects which will need closer monitoring or
emissions of air pollutant which reflects the degree regulation;
of emission limitation achievable through the application
of the best system of emission reduction, taking d) Recommendations for necessary executive and
into account the cost of achieving such reduction and any legislative action; and
non-air quality health and environmental impact
and energy requirement which the Department determines, e) Other pertinent qualitative and quantitative
and adequately demonstrates; and information concerning the extent of air pollution
and the air quality performance rating of industries
x) “Stationary source” means any building or immobile in the country.
structure, facility or installation which emits or may
emit any air pollutant. The Department, in cooperation with the National Statistical
Coordination Board (NSCB), shall design and develop an information
network for data storage, retrieval and exchange.
Chapter 2
Air Quality Management System The Department shall serve as the central depository of all data
and information related to air quality.
Article One
General Provisions
SEC. 7. Integrated Air Quality Improvement Framework.- The
Department shall within six (6) months after the effectivity of
this Act, establish, with the participation of LGUs, NGOs, POs,
SEC. 6. Air Quality Monitoring and Information Network.- The the academe and other concerned entities from the private sector,
Department shall prepare an annual National Air Quality Status formulate and implement the Integrated Air Quality Improvement
Report which shall be used as the basis in formulating the Framework for a comprehensive air pollution management and control
Integrated Air Quality Improvement Framework, as provided for
program. The framework shall, among others, prescribe the emission
in Sec. 7. The said report shall include, but shall not be
reduction goals using permissible standards, control strategies
limited to the following:
and control measures to undertaken within a specified time period,
including cost-effective use of economic incentives,
a) Extent of pollution in the country, per type of management strategies, collective actions, and environmental
pollutant and per type of source, based on reports education and information.
of the Department’s monitoring stations;
The Integrated Air Quality Improvement Framework shall be adopted
as the official blueprint with which all government agencies must
comply with to attain and maintain ambient air quality standards.
53
SEC. 8. Air Quality Control Action Plan.- Within six (6) incentives, management strategies, collection action
months after the formulation of the framework, the Department and environmental education and information;
shall, with public participation, formulate and implement an
air quality control action plan consistent with Sec. 7 of this f) Designate airsheds; and
Act. The action plan shall:
g) All other measures necessary for the effective
a) Include enforceable emission limitations and control and abatement of air pollution.
other control measures, means or techniques, as
well as schedules and time tables for compliance, The adoption of the plan shall clarify the legal effects on the
as may be necessary or appropriate to meet the financial, manpower and budgetary resources of the affected
applicable requirements of this Act; government agencies, and on the alignment of their programs with
the plans.
b) Provide for the establishment and operation of
appropriate devices, methods, systems and In addition to direct regulations, the plan shall be
procedures necessary to monitor, compile and characterized by a participatory approach to the
analyze data on ambient air quality; pollution problem. The involvement of private entities in the
monitoring and testing of emissions from mobile and/or stationary
c) Include a program to provide for the following: sources shall be considered.
(1) enforcement of the measures described in
subparagraph [a]; (2) regulation of the Likewise, the LGU’s, with the assistance from the Department,
modification and construction of any stationary shall prepare and develop an action plan consistent with the
source within the areas covered by the plan, in Integrated Air Quality Improvement Framework to attain and
accordance with land use policy to ensure that maintain the ambient air quality standards within their respective
ambient air quality standards are achieved; airsheds as provided in Sec. 9 hereof.

d) Contain adequate provisions, consistent with The local government units shall develop and submit to the
the provisions of this Act, prohibiting any source Department a procedure for carrying out the action plan for their
or other types of emissions activity within the jurisdiction. The Department, however, shall maintain its
country from emitting any air pollutant in amounts authority to independently inspect the enforcement procedure
which will significantly contribute to the non- adopted. The Department shall have the power to closely supervise
attainment or will interfere with the maintenance all or parts of the air quality action plan until such time the
by the Department of any such ambient air quality local government unit concerned can assume the function to enforce
standard required to be included in the the standards set by the Department.
implementation plan to prevent significant
deterioration of air quality or to protect
A multi-sectoral monitoring team with broad public representation
visibility;
shall be convened by the Department for each LGU to conduct
periodic inspections of air pollution sources to assess
e) Include control strategies and control measures
compliance with emission limitations contained in their permits.
to be undertaken within a specified time period,
including cost effective use of economic
54
SEC. 9. Airsheds.- Pursuant to Sec. 8 of this Act, the
designation of airsheds shall be on the basis of, but
not limited to, areas with similar climate, meteorology and
topology which affect the interchange and diffusion
of pollutants in the atmosphere, or areas which share common
interest or face similar development programs, prospects or
problems.
For a more effective air quality management, a system of
planning and coordination shall be established and a common
action plan shall be formulated for each airshed.
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air
Quality Status Report for each airshed.
Upon consultation with appropriate local government authorities,
the Department shall, from time to time, revise the designation of
airsheds utilizing eco-profiling techniques and undertaking
scientific studies.

To effectively carry out the formulated action plans, a Emissions trading may be allowed among pollution sources within
Governing Board is hereby created, hereinafter referred to as an airshed.
the Board.
SEC. 10. Management of Non-attainment Areas.- The Department
The Board shall be headed by the Secretary of the Department shall designate areas where specific
of Environment and Natural Resources as chairman. The members pollutants have already exceeded ambient standards as non-
shall be as follows: attainment areas. The Department shall prepare and implement a
program that will prohibit new sources of exceeded air pollutant
a) Provincial Governors from areas belonging to without a corresponding reduction in existing resources.
the airshed;
In coordination with other appropriate government agencies, the
b) City/Municipal Mayors from areas belonging to LGUs shall prepare and implement a
the airshed; program and other measures including relocation, whenever
necessary, to protect the health and welfare of residents in the
c) A representative from each concerned government area.
agency;
For those designated as nonattainment areas, the Department,
d) Representatives from people’s organizations; after consultation with local government authorities,
nongovernment organizations (NGOs), people’s organizations (POs)
e) Representatives from non-government and concerned sectors may revise the designation of such areas and
organizations; and expand its coverage to cover larger areas depending on
the condition of the areas.
f) Representatives from the private sector.
SEC. 11. Air Quality Control Techniques.- Simultaneous with the
The Board shall perform the following functions: issuance of the guideline values and standards, the Department,
a) Formulation of policies; through the research and development program contained in this
Act and upon consultation with appropriate advisory committees,
55
government agencies and LGUs, shall issue, and from time to a) For National Ambient Air Quality Guideline for Criteria
time, revise information on air pollution control techniques. Pollutants:

Such information shall include:

Long Term b
a) Best available technology and alternative Short Term a

methods of prevention, management and control of

air pollution; Pollutants
Averaging Averaging
µg/Ncm Ppm µg/Ncm ppm
Time Time
b) Best available technology economically
achievable which shall refer to the technological Suspended
basis/standards for emission limits applicable to Particulate 230d 24 hours 90 ---- 1 yeare
existing, direct industrial emitters of Matterc-TSP
nonconventional and toxic pollutants; and -PM-10 150f 24 hours 60 ---- 1 yeare
Sulfur
c) Alternative fuels, processes and operating 180 0.07 24 hours 80 0.03 1 year
Dioxidec
methods which will result in the eliminator or
Nitrogen
significant reduction of emissions. Dioxide
150 0.08 24 hours ---- ---- ----

Photochemical
Such information may also include data relating to the cost of 140 0.07 1 hour ---- ---- ----
Oxidants
installation and operation, energy requirements, emission
reduction benefits, and environmental impact or the emission As Ozone 60 0.03 8 hours ---- ---- ----
control technology. Carbon
30 1 hour ---- ---- ---- ----
Monoxide 35
The issuance of air quality guideline values, standards and mg/Ncm
information on air quality control techniques shall be made
available to the general public: Provided, That the issuance 10 9 8 hours ---- ---- ----
of information on air quality control techniques shall not be mg/Ncm
construed as requiring the purchase of certain pollution Lead g
1.5 ---- 3 monthsg 1.0 ---- 1 year
control devices by the public.
a
Maximum limits represented by ninety-eight percentile (98%) values not to
SEC. 12. Ambient Air Quality Guideline Values and Standards.- be exceed more than once a year.
The Department, in coordination with
other concerned agencies, shall review and or revise and b
Arithmetic mean
publish annually a list of hazardous air pollutants with
corresponding ambient guideline values and/or standard c
necessary to protect health and safety, and general welfare. SO2 and Suspended Particulate matter are sampled once every six days
The initial list and values of the hazardous air pollutants when using the manual methods. A minimum of twelve sampling days per
shall be as follows: quarter of forty-eight sampling days each year is required for these

56
 methods. Daily sampling may be done in the future once continuous Colorimetric Method
analyzers are procured and become available.
5. Hydrogen Volhard Titration with
200 0.13 30
d
Chloride Iodine Solution
Limits for Total Suspended Particulate Matter with mass median
diameter less than 25-50 um. 6. Hydrogen
100 0.07 30 Methylene Blue
Sulfide
e
Annual Geometric Mean 7. Lead 20 30 AASc
8. Nitrogen
f 375,260 0.20,0.14 30,60 Greiss- Saltzman
Provisional limits for Suspended Particulate Matter with mass median Dioxide
diameter less than 10 microns and below until sufficient monitoring 9. Phenol 100 0.03 30 4-Aminoantiphyrine
data are gathered to base a proper guideline.
0.18, Colorimetric-
10. Sulfur Dioxide 470, 340 30,60
g 0.13 Pararosaniline
Evaluation of this guideline is carried out for 24-hour averaging time
and averaged over three moving calendar months. The monitored 11. Suspended
average value for any three months shall not exceed the guideline Particulate
value. Matter-TSP 300 ---- 60 Gravimetric

b) For National Ambient Air Quality Standards for Source 1

Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos,
Specific Air Pollutants from: Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations
Industrial Sources/ Operations: may be considered as guides in determining compliance.
2
Ninety-eight percentile (98%) values of 30-minute sampling measured at
250C and one atmosphere pressure.

Averaging Method of Analysis/ 3

Other equivalent methods approved by the Department may be used.
Pollutants1 Concentration2
time (min.) Measurement3
µ/Ncm Ppm The basis in setting up the ambient air quality guideline values
and standards shall reflect, among others, the latest scientific
knowledge including information on:
Nesselerization/ Indo a) Variable, including atmospheric conditions, which of
1. Ammonia 200 0.28 30
Phenol themselves or in combination with other factors may alter
2. Carbon the effects on public health or welfare of such air
30 0.01 30 Tischer Method pollutant;
Disulfide
3. Chlorine and
Chlorine b) The other types of air pollutants which may interact
100 0.03 5 Methyl Orange with such pollutant to produce an adverse effect on public
Compounds
expressed as Cl 2 health or welfare; and
Chromotropic acid
4. Formaldehyde 50 0.04 30 c) The kind and extent of all identifiable effects on
Method or MBTH
public health or welfare which may be expected from
57
 presence of such pollutant in the ambient air, in issued by the Department under this Act, emission fees and from
varying quantities. donations, endowments and grants in the forms of contributions.
Contributions to the Fund shall be exempted from donor taxes and
The Department shall base such ambient air quality standards all other taxes, charges or fees imposed by the Government.
on World Health Organization (WHO) standards, but shall not be
limited to nor be less stringent than such standards. SEC. 15. Air Pollution Research and Development Program.- The
Department, in coordination with the Department of Science and
SEC. 13. Emission Charge System.- The Department, in case of Technology (DOST), other agencies, the private sector, the
industrial dischargers, and the Department of Transportation academe, NGO’s and PO’s, shall establish a National Research and
and Communication (DOTC), in case of motor vehicle Development Program for the prevention and control of
dischargers, shall, based on environmental techniques, design, air pollution. The Department shall give special emphasis to
impose on and collect regular emission fees from said research on and the development of improved methods having
dischargers as part of the emission permitting system or industry-wide application for the prevention and control of air
vehicle registration renewal system, as the case may be. The pollution.
system shall encourage the industries and motor vehicles to
abate, reduce, or prevent pollution. The basis of the Such a research and development program shall develop air quality
fees include, but is not limited to, the volume and toxicity of guideline values and standards in addition to internationally-
any emitted pollutant. Industries, which shall accepted standards. It shall also consider the socio-cultural,
install pollution control devices or retrofit their existing political and economic implications of air quality management and
facilities with mechanisms that reduce pollution shall be pollution control.
entitled to tax incentives such as but not limited total
credits and/or accelerated depreciation deductions.

SEC. 14. Air Quality Management Fund.- An Air Quality

Management Fund to be administered by the
Department as a special account in the National Treasury is Article Two
hereby established to finance containment, removal, and clean- Air Pollution Clearances
up operations of the Government in air pollution cases, and Permits for Stationary Sources
guarantee restoration of ecosystems and rehabilitate areas
affected by the acts of violators of this Act, to support
research, enforcement and monitoring activities and SEC. 16. Permits.- Consistent with the provisions of this Act,
capabilities of the relevant agencies, as well as to provide the Department shall have the authority to issue permits as it
technical assistance to the relevant agencies. Such fund may may determine necessary for the prevention and abatement of air
likewise be allocated per airshed for the undertakings herein pollution.
stated.
Said permits shall cover emission limitations for the regulated
The Fund shall be sourced from the fines imposed and damages air pollutants to help attain and maintain the ambient air quality
awarded to the Republic of the Philippines by the Pollution standards. These permits shall serve as management tools for the
Adjudication Board (PAB), proceeds of licenses and permits LGUs in the development of their action plan.

58
SEC. 17. Emission Quotas.- The Department may allow each pollution based on internationally accepted standards, but not be
regional industrial center that is designated as special limited to, nor be less stringent than such standards and with
airshed to allocate emission quotas to pollution sources the standards set forth in this section. The standards, whichever
within its jurisdiction that qualify under an environmental is applicable, shall be the limit on the acceptable level of
impact assessment system programmatic compliance program pollutants emitted from a stationary source for the protection of
pursuant to the implementing rules and regulations of the public’s health and welfare.
Presidential Decree No. 1586.
With respect to any trade, industry, process and fuel-burning
SEC. 18. Financial Liability for Environmental equipment or industrial plant emitting air pollutants, the
Rehabilitation.- As part of the environmental management concentration at the point of emission shall not exceed the
plan attached to the environmental compliance certificate following limits:
pursuant to Presidential Decree No. 1586 and rules
and regulations set therefor, the Department shall require
program and project proponents to put up financial guarantee
mechanisms to finance the needs for emergency response, clean-
Maximum
up rehabilitation of areas that Standard
Permissible
may be damaged during the program or project’s actual Pollutants Applicable to Method of Analysisa
Limits
implementation. Liability for damages shall continue even after Source
(mg/Ncm)
the termination of a program or project, where such damages
are clearly attributable to that program or project and for a 1. Antimony and
any source 10 as Sb AASb
definite period to be determined by the Department and Its compounds
incorporated into the environmental compliance certificate. 2. Arsenic and its
Any source 10 as As AASb
compounds
Financial liability instruments may be in the form a trust 3. Cadmium and
Any source 10 as Cd AASb
fund, environmental insurance, surety bonds, letters of credit, its compounds
as well as self-insurance. The choice of the guarantee 4. Carbon Any industrial
instruments shall furnish the Department with evidence of 500 as CO Orsat analysis
Monoxide Source
availment of such instruments.
5. Copper and its Any industrial
100 ax Cu AASb
Compounds source
Article Three
Pollution from Stationary Sources Any source other
6. Hydrofluoric
than the Titration with
Acids and
SEC. 19. Pollution From Stationary Sources.- The Department manufacture of 50 as HF Ammonium
Fluoride
Aluminum from Thiocyanate
shall, within two (2) years from the effectivity of this Act, compounds
Alumina
and every two (2) years thereafter, review, or as the need
therefore arises, revise and publish emission standards, to 7. Hydrogen i) Geothermal c.d Cadmium Sulfide
further improve the emission standards for stationary sources Sulfide Power Plants Method
of air pollution. Such emission standards shall be based on ii) Geothermal e
mass rate of emission for all stationary source of air Exploration and

59
 b
well-testing Atomic Absorption Specttrophotometry
iii) Any source
Cadmium Sulfide c
All new geothermal power plants starting construction by 01 January 1995
other than (i) and 7 as H2S
Method shall control HsS emissions to not more than 150 g/GMW-Hr
(ii)
Any trade, industry
8. Lead 10 as Pb AASb d
All existing geothermal power plants shall control HsS emissions to not
or process
more than 200 g/GMW-Hr within 5 years from the date of effectivity of these
AASb/Cold-Vapor revised regulations.
5 as elemental
9. Mercury Any Source Technique or Hg
Hg
Analyzer e
Best practicable control technology for air emissions and liquid
10. Nickel and its discharges. Compliance with air and water quality standards is required.
compounds,
Any source 20 as Ni AASb
except Nickel f
Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
f
Carbonyl
2,000 as acid g
Provisional Guideline
i) Manufacture of and NOx and Phenol-disulfonic acid
11. NOx
Nitric Acid calculated as Method Provided, That the maximum limits in mg/ncm particulates in said
NO2 sources shall be:
ii) Fuel burning Phenol-disulfonic acid
steam generators Method 1. Fuel Burning Equipment
Existing Source 1,500 as NO2 a) Urban or Industrial Area 150 mg/Ncm
New Source b) Other Area 200 mg/Ncm
2. Cement Plants (Kilns, etc.) 150 mg/Ncm
• Coal-Fired 1,000 as NO2
3. Smelting Furnaces 150 mg/Ncm
• Oil-Fired 500 as NO2 4. Other Stationary Sourcesa 200 mg/Ncm
iii) Any source
Phenol-disulfonic acid a
Other Stationary Sources means a trade, process, industrial plant, or fuel
other than (i) adn
Method burning equipment other than thermal power plants, industrial boilers,
(ii)
Existing Source 1000 as NO2 cement plants, incinerators and smelting furnaces.
Provided, further, That the maximum limits for sulfur oxides in
New Source 500 as NO2 said sources shall be:
12. Phosphorus
Any source 200 as P2O5 Spectrophotometry
Pentoxideg (1) Existing Sources
13. Zinc and its (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0gm.Ncm as SO3
Any source 100 as Zn AASb
Compounds (ii) Fuel burning Equipment 1.5gm.Ncm as SO2
a
(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3
Other equivalent methods approved by the Department may be used.
(2) New Sources

60
 (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm.Ncm as SO3 0.05
(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2 Thallium and its compounds, expressed as thallium (Tl) mg/m3
(iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3 0.05
Mercury and its Compounds, expressed as mercury (Hg)
mg/m3
a
Other Stationary Sources refer to existing and new stationary sources Antimony and its compounds, expressed as antimony (Sb)
other than those caused by the manufacture of sulfuric acid and total
sulfonation process, fuel burning equipment and incineration. Arsenic and its compounds, expressed as arsenic (As) 0.5
For stationary sources of pollution not specifically included
mg/m3
in the immediately preceding paragraph, the following emission
standards shall not be exceeded in the exhaust gas: Lead and its compounds, expressed as lead ( Pb)
Chromium and its compounds, expressed as chromium (Cr)
I. Daily And Half Hourly Average Values Cobalt and its compounds, expressed as cobalt (Co)
Copper and its compounds, expressed as copper (Cu)
Manganese and its compounds, expressed as manganese (Mn)
Daily Half Hourly Nickel and its compounds, expressed as nickel (Ni)
Average Average
Vanadium and its compounds, expressed as vanadium (V)
Values Values
Tin and its compounds, expressed as tin (Sn)
Total dust 10 mg/m3 30 mg/m3
These average values cover also gaseous and the vapor forms of
Gaseous and vaporous organic substances, the relevant heavy metal emission as well as their compounds:
10 mg/m3 20 mg/m3
expressed as total organic carbon Provided, That the emission of dioxins and furans into the air
Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3 shall be reduced by the most progressive techniques: Provided,
3 further, That all average of dioxin and furans measured over the
Hydrogen fluoride (HF) 1 mg/m 4 mg/m3 sample period of a minimum of 5 hours and maximum of 8 hours must
Sulfur dioxide (SO2) 50 mg/m3 200 mg/m3 not exceed the limit value of 0.1 nanogram/m3.
Nitrogen monoxide (NO) and Nitrogen dioxide
(NO2), expressed as nitrogen dioxide for Pursuant to Sec. 8 of this Act, the Department shall prepare a
200 mg/m3 400 mg/m3 detailed action plan setting the emission standards or standards
incineration plants with a capacity exceeding 3
tonnes per hour of performance for any stationary source the procedure for
testing emissions for each type of pollutant, and the procedure
Nitrogen monoxide (NO) and nitrogen dioxide
for enforcement of said standards.
(NO2), expressed as nitrogen dioxide for
300 mg/m3
incineration plants with a capacity of 3 tonnes per
hour or less Existing industries, which are proven to exceed emission rates
established by the Department in consultation with stakeholders,
Ammonia 10 mg/m3 20 mg/m3 after a thorough, credible and transparent measurement process
II. All the Average Values Over the Sample Period of a Minimum shall be allowed a grace period of eighteen (18) months for the
of 4 and Maximum of 8 Hours. establishment of an environmental management system and the
installation of an appropriate air pollution control device :
Cadmium and its compounds, expressed as cadmium (Cd) total

61
Provided, That an extension of not more than twelve (12) publish the standards every two (2) years, or as the need arises.
months may be allowed by the Department on meritorious It shall consider the maximum limits for all major pollutants to
grounds. ensure substantial improvement in air quality for the health,
safety and welfare of the general public.
SEC. 20. Ban on Incineration.- Incineration, hereby defined
as the burning of municipal, biomedical and hazardous waste, The following emission standards for type approval of motor
which process emits poisonous and toxic fumes is hereby vehicles shall be effective by the year 2003:
prohibited; Provided, however, That the prohibition shall not
apply to traditional small-scale method of a) For light duty vehicles, the exhaust emission limits for
community/neighborhood sanitation “siga”, traditional, gaseous pollutants shall be:
agricultural, cultural, health, and food preparation and
crematoria; Provided, further, That existing incinerators
dealing with a biomedical wastes shall be out within three (3)
Emission Limits for Light Duty Vehicles
years after the effectivity of this Act; Provided, finally, Type Approval
that in the interim, such units shall be limited to the (Directive 91/441/EEC)
burning of pathological and infectious wastes, and subject to
close monitoring by the Department.

Local government units are hereby mandated to promote,

encourage and implement in their respective jurisdiction a CO HC + NOx PMa
comprehensive ecological waste management that includes waste (g/km) (g/km) (g/km)
segregation, recycling and composting. 2.72 0.97 0.14
a
for compression-ignition engines only
With due concern on the effects of climate change, the
Department shall promote the use of state-of-the- b) For light commercial vehicles, the exhaust emission limit of
art, environmentally-sound and safe non-burn technologies for gaseous pollutants as a function of the given reference mass
the handling, treatment, thermal destruction, utilization, and shall be:
disposal of sorted, unrecycled, uncomposted, biomedical and
hazardous wastes.
Reference Weight (RW) CO HC +
PMa (g/km)
(kg) (g/km) NOx (g/km)
Category 1 1250< RW 2.72 0.97 0.14
Article Four
Pollution from Motor Vehicles Category
1250< RW<1700 5.17 1.4 0.19
2
SEC. 21. Pollution from Motor Vehicles.- a) The DOTC shall Category
RW>1700 6.9 1.7 0.25
implement the emission standards for motor vehicles set 3
pursuant to and as provided in this Act. To further improve
the emission standards, the Department shall review, revise and a
for compression-ignition engines only
62
c) For heavy duty vehicles, the exhaust emission limits of d) In order to ensure the substantial reduction of emissions from
gaseous pollutants shall be: motor vehicles, the Department of Trade and Industry (DTI),
together with the DOTC and the Department shall formulate and
CO HC NOx PM implement a national motor vehicle inspection and maintenance
(g/k/Wh) (g/k/Wh) (g/k/Wh) (g/k/Wh) program that will promote efficient and safe operation of all
motor vehicles. In this regard, the DTI shall develop and
4.5 1.1 8.0 0.36a
implement standards and procedures for the certification of
a
training
In the case of engines of 85 kW or less, the limit value for particular institutions, instructors and facilities and the licensing of
emissions in increased by multiplying the quoted limit by a coefficient qualified private service centers and their technicians as
of 1.7 prerequisite for performing the testing, servicing, repair and
Fuel evaporative emission for spark-ignition engines shall not
the required adjustment to the vehicle emission system. The DTI
exceed 2.0 grams hydrocarbons per test. Likewise, it shall not
shall likewise prescribe regulations requiring the disclosure of
allow any emission of gases from crankcase ventilation system
into the atmosphere. odometer readings and the use of tamper-resistant odometers for
all motor vehicles including tamper-resistant fuel management
systems for the effective implementation of the inspection and
b) The Department, in collaboration with the DOTC, DTI and
maintenance program.
LGUs, shall develop an action plan for the control and
management of air pollution from motor vehicles consistent
SEC. 22. Regulation of All Motor Vehicles and Engines.- Any
with the Integrated Air Quality Framework. The DOTC shall
enforce compliance with the emission standards for motor imported new or locally-assembled new motor vehicle shall not be
registered unless it complies with the emission standards set
vehicles set by the Department. The DOTC may deputize other law
enforcement agencies and LGUs for this purpose. To this end, pursuant to this Act, as evidenced by a Certificate of Conformity
(COC) issued by the Department.
the DOTC shall have the power to:
Any imported new motor vehicle engine shall not be introduced
[1] Inspect and monitor the emissions of motor
vehicles; into commerce, sold or used unless it
complies with emission standards set pursuant to this Act.
[2] Prohibit or enjoin the use of motor vehicles
or a class of motor vehicles in any area or street Any imported used motor vehicle or rebuilt motor vehicle using
at specified times; and new or used engines, major parts or
components shall not be registered unless it complies with the
emission standards.
[3] Authorize private testing emission testing
centers duly accredited by the DTI.
In case of non-compliance, the importer or consignee may be
allowed to modify or rebuild the vehicular engine so it will be in
c) The DOTC, together with the DTI and the Department, shall
compliance with applicable emission standards.
establish the procedures for the inspection of motor vehicles
and the testing of their emissions for the purpose of
No motor vehicle registration (MVR) shall be issued unless such
determining the concentration and/or rate of pollutants
discharged by said sources. motor vehicle passes the emission testing requirement promulgated

63
in accordance with this Act. Such testing shall be conducted
by the DOTC or its authorized inspection centers within sixty
(60) days prior to date of registration.
The DTI shall promulgate the necessary regulations prescribing
the useful life of vehicles and engines including devices in
order to ensure that such vehicles will conform to the
emissions which they were certified to meet. These regulations
shall include provisions for ensuring the durability of
emission devices.
SEC. 23. Second-Hand Motor Vehicle Engines.- Any imported
second-hand motor vehicle engine shall not be introduced into
commerce, sold or used unless it complies with emission
standards set pursuant to this Act.
Article Five
Pollution from Other Sources
SEC. 24. Pollution from smoking.- Smoking inside a public
building or an enclosed public place including public vehicles
and other means of transport or in any enclosed area outside
of one’s private residence, private place of work or any duly
designated smoking area is hereby prohibited under this Act.
This provision shall be implemented by the LGUs.
SEC. 25. Pollution from other mobile sources.- The Department,
in coordination with appropriate agencies, shall formulate and
establish the necessary standards for all mobile sources other
than those referred to in Sec. 21 of this Act. The imposition
of the appropriate fines and penalties from these sources for
any violation of emission standards shall be under the
jurisdiction of the DOTC.
Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances
SEC. 26. Fuels and Additives.- Pursuant to the Air Quality
Framework to be established under Section 7 of this Act, the
Department of Energy (DOE), co-chaired by the Department of
Environment and Natural Resources (DENR), in consultation with the
Bureau of Product Standards (BPS) of the DTI, the DOST, the
representatives of the fuel and automotive industries, academe and
the consumers shall set the specifications for all types of
fuel and fuel-related products, to improve fuel composition for
increased efficiency and reduced emissions: Provided, however,
that the specifications for all types of fuel and fuel-related
products set-forth pursuant to this
section shall be adopted by the BPS as Philippine National
Standards (PNS).
The DOE shall also specify the allowable content of additives in
all types of fuels and fuel-related products. Such standards
shall be based primarily on threshold levels of health and
research studies. On the basis of such specifications, the DOE
shall likewise limit the content or begin that phase-out of
additives in all types of fuels and fuel-related products as it
may deem necessary. Other agencies involved in the performance of
this function shall be required to coordinate with the DOE and
transfer all documents and information necessary for the
implementation of this provision.
Consistent with the provisions of the preceding paragraphs under
this section, it is declared that:
a) not later than eighteen (18) months after the
effectivity of this Act, no person shall manufacture,
import, sell, supply, offer for sale, dispense,
transport or introduce into commerce unleaded premium
gasoline fuel which has an anti-knock index (AKI) of
not less that 87.5 and Reid vapor pressure of not
more than 9 psi. Within six (6) months after the
effectivity of this Act, unleaded gasoline fuel shall
contain aromatics not to exceed forty-five percent
(45%) by volume and benzene not to exceed four
percent (4%) by volume; Provided, that by year 2003,
64
 unleaded gasoline fuel should contain aromatics nitrogen and particulate matter, in order to be approved and
not to exceed thirty-five percent (35%) by volume certified by the Department.
and benzene not to exceed two percent (2%) by
volume; SEC. 27. Regulation of Fuels and Fuel Additives.- The DOE, in
coordination with the Department and the BPS, shall regulate the
b) not later than eighteen (18) months after the use of any fuel or fuel additive. No manufacturer, processor or
effectivity of this Act, no person shall trader of any fuel or additive may import, sell, offer for sale,
manufacture, import, sell, supply, offer for sale, or introduce into commerce such fuel for additive unless the same
dispense, transport or introduce into commerce has been
automotive diesel fuel which contains registered with the DOE. Prior to registration, the manufacturer,
a concentration of sulfur in excess of 0.20% by processor or trader shall provide the DOE with the following
weight with a cetane number of index of not less relevant information:
than forty-eight (48): Provided, That by year 2004,
content of said sulfur shall be 0.05% by weight; a) Product identity and composition to determine the
and potential health effects of such fuel additives;

c) not later than eighteen (18) months after the b) Description of the analytical technique that can
effectivity of this Act, no Person shall be used to detect and measure the additive in any
manufacture, import, sell, supply, offer for sale, fuel;
dispense, transport or introduce into commerce
industrial diesel fuel which contains
c) Recommended range of concentration; and
a concentration of sulfur in excess of 0.30% (by
weight).
d) Purpose in the use of the fuel and additive.
Every two (2) years thereafter or as the need arises, the
SEC. 28. Misfueling.- In order to prevent the disabling of any
specifications of unleaded gasoline and of automotive and
industrial diesel fuels shall be reviewed and revised for emission control device by lead contamination, no person shall
introduce or cause or allow the introduction of leaded gasoline
further improvement in formulation and in accordance with the
provisions of this Act. into any motor vehicle equipped with a gasoline tank filler inlet
and labeled “unleaded gasoline only“. This prohibition shall also
apply to any person who knows or should know that such vehicle is
The fuels characterized above shall be commercially available.
designed solely for the use of unleaded gasoline.
Likewise, the same shall be the reference fuels for emission
and testing procedures to be established in accordance with
the provisions of this Act. SEC. 29. Prohibition on Manufacture, Import and Sale of leaded
Gasoline and of Engines and/or Components Requiring Leaded
Gasoline.- Effective not later than eighteen (18) months after
Any proposed additive shall not in any way increase emissions
the enactment of this Act, no person shall manufacture, import,
of any of the regulated gases which shall include, but not
sell, offer for sale, introduce into commerce, convey or
limited to carbon monoxide, hydrocarbons, and oxides of
otherwise dispose of, in any manner, leaded gasoline and engines
and components requiring the use of leaded gasoline.
65
For existing vehicles, the DTI shall formulate standards and on the reduction and elimination of POPs such as dioxins and
procedures that will allow non-conforming engines to comply furans. Such programs shall be formulated within a year after the
with the use of unleaded fuel within five(5) years after the establishment of the inventory list.
effectivity of this Act.
SEC. 33. Radioactive Emissions.- All projects which will involve
Article Two the use of atomic and/or nuclear energy, and will entail release
Other Pollutants and emission of radioactive substances into the environment,
incident to the establishment or possession of nuclear energy
SEC. 30. Ozone-Depleting Substances.- Consistent with the facilities and radioactive materials, handling, transport,
terms and conditions of the Montreal Protocol on Substances production, storage, and use of radioactive materials, shall be
that Deplete the Ozone Layer and other international regulated in the interest of public health and welfare by the
agreements and protocols to which the Philippines is a Philippine
signatory, the Department shall phase out ozone-depleting Nuclear Research Institute (PNRI), in coordination with
substances. Department and other appropriate government
agencies.
Within sixty (60) days after the enactment of this Act, the
Department shall publish a list of substances which are known Chapter 4
to cause harmful effects on the stratospheric ozone layer. Institutional Mechanism

SEC. 31. Greenhouse Gases.- The Philippine Atmospheric, SEC. 34. Lead Agency.- The Department, unless otherwise provided
Geophysical and Astronomical Service herein, shall be the primary government agency responsible for the
Administration (PAGASA) shall regularly monitor meteorological implementation and enforcement of this Act. To be more effective
factors affecting environmental conditions including ozone in this regard, The Department’s Environmental Management Bureau
depletion and greenhouse gases and coordinate with the (EMB) shall be converted from a staff bureau to a line bureau for
Department in order to effectively guide air pollution a period of no more than two (2) years, unless a separate,
monitoring and standard-setting activities. comprehensive environmental management agency is created.

The Department, together with concerned agencies and local
government units, shall prepare and fully implement a national
plan consistent with the United Nations Framework Convention
on Climate Change and other international agreements,
conventions and protocols on the reduction of greenhouse gas
emissions in the country.
SEC. 32. Persistent Organic Pollutants.- The Department shall,
within a period of two (2) years after the enactment of this
Act, establish an inventory list of all sources of Persistent
Organic Pollutants (POPs) in the country. The Department shall
develop short-term and long-term national government programs
SEC. 35. Linkage Mechanism.- The Department shall consult,
participate, cooperate and enter into agreement with other
government agencies, or with affected non-governmental (NGOs) or
people’s organizations (POs),or private enterprises in the
furtherance of the objectives of this Act.
SEC. 36. Role of Local Government Units.- Local Government Units
(LGUs) shall share the responsibility in the management and
maintenance of air quality within their territorial jurisdiction.
Consistent with Sections 7, 8 and 9 of this Act, LGUs shall
implement air quality standards set by the Board in areas within
their jurisdiction; Provided, however, That in case where the
66
board has not been duly constituted and has not promulgated
its standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical
assistance, trainings and a continuing
capability-building program to prepare them to undertake full
administration of the air quality management and regulation
within their territorial jurisdiction.
SEC. 37. Environmental and Natural Resources Office.- There
may be established an Environment and Natural Resources Office
in every province, city, or municipality which shall be headed
by the environment and natural resources officer and shall be
appointed by the Chief Executive of every province, city or
municipality in accordance with the provisions of Section 484
of Republic Act No. 7160. Its powers and duties, among
others, are:
a) To prepare comprehensive air quality management
programs, plans and strategies within the limits set
forth in Republic act. No. 7160 and this Act which shall
be implemented within its territorial jurisdiction upon
the approval of the sanggunian;
e) To coordinate with other government agencies and non-
governmental organizations in the implementation of measures
to prevent and control air pollution; and
f) Exercise such other powers and perform such duties and
functions as may be prescribed by law or ordinance:
Provided, however, That in provinces/cities/municipalities
where there are no environment and natural resources
officers, the local executive concerned may designate any
of his official and/or chief of office preferably the
provincial, city or municipal agriculturist, or any of his
employee: Provided, finally, That in case an employee is
designated as such, he must have sufficient experience in
environmental and natural resources management, conservation
and utilization.
SEC. 38. Record-keeping, Inspection, Monitoring and Entry by the
Department.- The Department or its duly accredited entity shall,
after proper consultation and notice, require any person who owns
or operates any emissions source or who is subject to any
requirement of this Act to:
(a) establish and maintain relevant records;
(b) make relevant reports;

b) To provide technical assistance and support to the (c) install, use and maintain monitoring equipment or
governor or mayor, as the case may be, in carrying methods;
out measures to ensure the delivery of basic services and
the provision of adequate facilities relative to air (d) sample emission, in accordance with the methods,
quality; locations, intervals and manner prescribed by the
Department;
c) To take the lead in all efforts concerning air
quality protection and rehabilitation; (e) keep records on control equipment parameters, production
variables or other indirect data when direct monitoring of
d) To recommend to the Board air quality standards which emissions is impractical; and
shall not exceed the maximum permissible standards set by
rational laws; (f) provide such other information as the Department
may reasonably require.

67
Pursuant to this Act, the Department, through its authorized complaint by any person, institute administrative proceedings
representatives, shall have the right of: against any person who violates:
(a) entry or access to any premises including documents
and relevant materials as referred to in the herein (a) Standards or limitation provided under this Act; or
preceding paragraph;
(b) Any order, rule or regulation issued by the Department
(b) inspect any pollution or waste source, control with respect to such standard or limitation.
device, monitoring equipment or method required;
and SEC. 41. Citizen Suits.- For purposes of enforcing the provisions
of this Act or its implementing rules and regulations, any citizen
(c) test any emission. may file an appropriate civil, criminal or administrative action
in the proper courts against:
Any record, report or information obtained under this section (a) Any person who violates or fails to comply with the
shall be made available to the public, except upon a provisions of this Act or its implementing rules
satisfactory showing to the Department by the entity concerned and regulations; or
that the record, report or information, or parts thereof, if
made public, would divulge secret methods or processes (b) The Department or other implementing agencies with
entitled to protection as intellectual property. Such record, respect to orders, rules and regulations issued inconsistent
report or information shall likewise be incorporated in the with this Act; and/or
Department’s industrial rating system.
(c) Any public officer who willfully or grossly neglects
SEC. 39. Public Education and Information Campaign.- A the performance of an act specifically enjoined as a duty by
continuing air quality information and education campaign shall this Act or its implementing rules and regulations; or
promoted by the Department, the Department of Education, abuses his authority in the performance of his duty; or, in
Culture and Sports (DECS), the Department of the Interior and any manner, improperly performs his duties under this Act
Local Government (DILG), the Department of Agriculture (DA) or its implementing rules and regulations: Provided,
and the Philippine Information Agency (PIA). Consistent with however, That no suit can be filed until thirty-day (30)
Sec. 7 of this Act, such campaign shall encourage the notice has been taken thereon.
participation of other government agencies and the private
sector including NGOs, POs, the academe, environmental The court shall exempt such action from the payment of filing
groups and other private entities in a multi-sectoral fees, except fees for actions not capable of pecuniary
information campaign. estimations, and shall likewise, upon prima facie showing of the
non-enforcement or violation complained of, exempt the plaintiff
Chapter 5 from the filing of an injunction bond for the issuance of a
Actions preliminary injunction.

SEC. 40. Administrative Action.- Without prejudice to the Within thirty (30) days, the court shall make a determination if
right of any affected person to file an administrative action, the compliant herein is malicious and/or baseless and shall
the Department shall, on its own instance or upon verified
68
accordingly dismiss the action and award attorney’s fees and
damages.
SEC. 42. Independence of Action.- The filing of an
administrative suit against such person/entity does
not preclude the right of any other person to file any criminal
or civil action. Such civil action shall proceed independently.
SEC. 43. Suits and Strategic Legal Actions Against Public
Participation and the Enforcement of This Act.- Where a suit is
brought against a person who filed an action as provided in
Sec. 41 of this Act, or against any person, institution or
government agency that implements this Act, it shall be the
duty of the investigating prosecutor or the court, as the case
may be, to immediately make a determination not exceeding
thirty (30) days whether said legal action has been filed to
harass, vex, exert undue pressure or stifle such
legal recourses of the person complaining of or enforcing the
provisions of this Act. Upon determination thereof, evidence
warranting the same, the court shall dismiss the case and
award attorney’s fees and double damages.
This provision shall also apply and benefit public officers
who are sued for acts committed in their official capacity,
their being no grave abuse of authority, and done in the
course of enforcing this Act.
SEC. 44. Lien Upon Personal and Immovable Properties of
Violators.- Fines and penalties imposed pursuant to this Act
shall be liens upon personal or immovable properties of the
violator. Such lien shall, in case of insolvency of the
respondent violator, enjoy preference to laborer’s wages under
Articles 2241 and 2242 of Republic Act No. 386, otherwise known
as the New Civil Code of the Philippines.
Chapter 6
Fines and Penalties
SEC. 45. Violation of Standards for Stationary Sources.- For
actual exceedance of any pollution or air quality standards under
this Act or its rules and regulations, the Department, through
the Pollution Adjudication Board (PAB), shall impose a fine of not
more than One hundred thousand pesos (P100,000.00) for every day
of violation against the owner or operator of a stationary source
until such time that the standards have been complied with.
For purposes of the application of the fines, the PAB shall
prepare a fine rating system to adjust the maximum fine based on
the violator’s ability to pay, degree of willfulness, degree of
negligence, history of non-compliance and degree of recalcitrance:
Provided, That in case of negligence, the first time offender’s
ability to pay may likewise be considered by the Pollution
Adjudication Board: Provided, further, That in the absence of
any extenuating or aggravating circumstances, the amount of fine
for negligence shall be equivalent to one-half of
the fine for willful violation.
The fines herein prescribed shall be increased by at least ten
percent (10%), every three (3) years to compensate for inflation
and to maintain the deterrent function of such fines.
In addition to the fines, the PAB shall order closure, suspension
of development, construction, or operations of the stationary
sources until such time that proper environmental safeguards are
put in place: Provided, That an establishment liable for a third
offense shall suffer permanent closure immediately. This
paragraph shall be without prejudice to the immediate issuance of
an ex parte order for such closure, suspension of development or
construction, or cessation of operations during the pendency of
the case upon prima facie evidence that their is imminent threat
to life, public health, safety or general welfare, or to plant or
animal life, or whenever there is an exceedance of the emission
69
standards set by the Department and/or the Board and/or
the appropriate LGU.
SEC. 46. Violation of Standards for Motor Vehicles.- No motor
vehicle shall be registered with the DOTC unless it meets the
emission standards set by the Department as provided in Sec.
21 hereof.
Any vehicle suspected of violation of emission standards
through visual signs, such as, but not limited to smoke-
belching, shall be subjected to an emission test by a duly
authorized emission testing center. For this purpose, the DOTC
or its authorized testing center shall establish a roadside
inspection system. Should it be shown that there was no
violation of emission standards, the vehicle shall be
immediately released. Otherwise, a testing result indicating an
exceedance of the emission standards would warrant the
continuing custody of the impounded vehicle unless the
appropriate penalties are fully paid, and the license plate is
surrendered to
the DOTC pending the fulfillment of the undertaking by the
owner/operator of the motor vehicle to make the necessary
repairs so as to comply with the standards. A pass shall
herein be issued by the DOTC to authorize the use of the motor
vehicle within a specified period that shall not exceed seven
(7) days for the sole purpose of making the necessary repairs
on the said vehicle. The owner/operator of the vehicle shall
be required to correct its defects and show proof of compliance
to the appropriate pollution control office before the
vehicle can be allowed to be driven on any public or
subdivision roads.
In addition, the driver and operator of the apprehended
vehicle shall undergo a seminar on pollution control management
conducted by the DOTC and shall also suffer the following
penalties:
a) First Offense - a fine not to exceed Two Thousand
Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos
(P2,000.00) and not to exceed Four
Thousand Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor
Vehicle Registration (MVR) and a fine of not less than Four
Thousand Pesos (P4,000.00) and not more than Six thousand
pesos (P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with
regard to national inspection and maintenance program, including
technicians and facility compliance shall penalized with a fine
of not less than Thirty Thousand Pesos (P30,000.00) or
cancellation of license of both the technician and the center, or
both, as determined by the DTI.
All law enforcement officials and deputized agents accredited to
conduct vehicle emissions testing and apprehensions shall undergo
a mandatory training on emission standards and regulations. For
this purpose, the Department, together with the DOTC, DTI, DOST,
Philippine National Police (PNP) and other concerned agencies and
private entities shall design a training program.
SEC. 47. Fines and Penalties for Violations of Other Provisions
in the Act.- For violations of all other provisions provided in
this Act and of the rules and regulations thereof, a fine of not
less than Ten thousand pesos (P10,000) but not more than One
Hundred thousand Pesos (P100,000) or six (6) months to six (6)
years imprisonment or both shall be imposed. If the offender is a
juridical person, the president, manager, directors, trustees, the
pollution control officer or the officials directly in charge of
the operations shall suffer the penalty herein provided.
SEC. 48. Gross Violations.- In case of gross violation of this
Act or its implementing rules and regulations, the PAB shall
recommend to the proper government agencies to file the
appropriate criminal charges against the violators. The PAB shall
assist the public prosecutor in the litigation of the case. Gross
violation shall mean:
70
 [a] three (3) or more specific offenses within a period (P150,000,000.00) to the DOTC; and One Hundred Million Pesos
of one (1) year; (P100,000,000.00) to the DOE.

[b] three (3) or more specific offenses with Thereafter, the amount necessary to effectively carry out the
three (3) consecutive years; provisions of this Act shall be included in the General
Appropriations Act.
[c] blatant disregard of the orders of the PAB, such s
but not limited to the breaking of seal, padlocks and SEC. 51. Implementing Rules and Regulations.- The Department, in
other similar devices, or operation despite the coordination with the Committees on Environment and Ecology of the
existence of an order for closure, discontinuance or Senate and House of Representatives, respectively and other
cessation of operation; and agencies, shall promulgate the implementing rules and regulations
for this Act, within one (1) year after the enactment of this Act:
[d] irreparable or grave damage to the environment as Provided, That rules and regulations issued by other government
a consequence of any violation of the provisions of this agencies and instrumentalities for the prevention and/or abatement
Act. of pollution not inconsistent with this Act shall supplement the
rules and regulations issued by the Department pursuant to the
Offenders shall be punished with imprisonment of not less than provisions of this Act.
six (6) years but not more than ten (10) years at the
discretion of the court. If the offender is a juridical SEC. 52. Report to Congress.- The Department shall report to
person, the president, manager, directors, trustees, Congress, not later than March 30 of every year following the
the pollution control officer or the officials directly in approval of this Act, the progress of the pollution control
charge of the operations shall suffer the penalty efforts and make the necessary recommendations in areas where
herein provided. there is need for legislative action.

Chapter 7 SEC. 53. Joint Congressional Oversight Committee.- There is

Final Provisions hereby created a joint congressional oversight committee to
monitor the implementation of this Act. The committee shall be
SEC. 49. Potential Loss or Shifts of Employment.- The composed of five (5) senators and five (5) representatives to be
Secretary of Labor is hereby authorized to establish appointed by the Senate President and the Speaker of the House of
a compensation, retraining and relocation program to assist Representatives, respectively, the oversight committee shall be
workers laid off due to a company’s compliance with the co-chaired by a senator and a representative designated by
provisions of this Act. the Senate President and the Speaker of the House of
Representatives, respectively.
SEC. 50. Appropriations.- An amount of Seven Hundred Fifty
Million Pesos (P750,000,000.00) shall be appropriated for the The mandate given to the joint congressional oversight committee
initial implementation of this Act, of which, the amount of under this Act shall be without prejudice to the performance of
Three Hundred Million Pesos (P300,000,000.00) shall be the duties and functions by the respective existing oversight
appropriated to the Department; Two Hundred Million Pesos committees of the Senate and the House of Representatives.
(P200,000,000.00) to the DTI; One Hundred Fifty Million Pesos
71
SEC. 54. Separability of Provisions.- If any provision of this
Act or the application of such provision to any person or
circumstances is declared unconstitutional, the remainder of
the Act or the application of such provision to other person or
circumstances shall not be affected by such declaration.
SEC. 55. Repealing Clause.- Presidential Decree No. 1181 is
hereby repealed. Presidential Decrees Nos. 1152, 1586 and
Presidential Decree No. 984 are partly modified. All other
laws, orders, issuance, rules and regulations inconsistent
herewith are hereby repealed or modified accordingly.
SEC. 56. Effectivity.- This Act shall take effect fifteen (15)
days from the date of its publication in the Official Gazette
or in at least two (2) newspapers of general circulation.
REPUBLIC ACT No. 6539
AN ACT PREVENTING AND PENALIZING CARNAPPING
Section 1. This Act shall be known and may be cited as the "Anti-Carnapping Act
of 1972."
Section 2. Definition of terms. The terms "carnapping", "motor vehicle", "defacing
or tampering with", "repainting", "body-building", "remodeling", "dismantling", and
"overhauling", as used in this Act, shall be understood, respectively, to mean
"Carnapping" is the taking, with intent to gain, of a motor vehicle
belonging to another without the latter's consent, or by means of
violence against or intimidation of persons, or by using force upon
things.
"Motor vehicle" is any vehicle propelled by any power other than
muscular power using the public highways, but excepting road rollers,
trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers,
graders, fork-lifts, amphibian trucks, and cranes if not used on public
highways, vehicles, which run only on rails or tracks, and tractors,
trailers and traction engines of all kinds used exclusively for
agricultural purposes. Trailers having any number of wheels, when
propelled or intended to be propelled by attachment to a motor
vehicle, shall be classified as separate motor vehicle with no power
rating.
lawphi1™
"Defacing or tampering with" a serial number is the erasing,
scratching, altering or changing of the original factory-inscribed serial
number on the motor vehicle engine, engine block or chassis of any
motor vehicle. Whenever any motor vehicle is found to have a serial
number on its motor engine, engine block or chassis which is different
from that which is listed in the records of the Bureau of Customs for
motor vehicles imported into the Philippines, that motor vehicle shall
be considered to have a defaced or tampered with serial number.
"Repainting" is changing the color of a motor vehicle by means of
painting. There is repainting whenever the new color of a motor
vehicle is different from its color as registered in the Land
Transportation Commission.
"Body-building" is a job undertaken on a motor vehicle in order to
replace its entire body with a new body.
"Remodeling" is the introduction of some changes in the shape or
form of the body of the motor vehicle.
lawphi1™
"Dismantling" is the tearing apart, piece by piece or part by part, of a
motor vehicle.
"Overhauling" is the cleaning or repairing of the whole engine of a
motor vehicle by separating the motor engine and its parts from the
body of the motor vehicle.
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Section 3. Registration of motor vehicle engine, engine block and chassis.
Within one year after the approval of this Act, every owner or possessor of
unregistered motor vehicle or parts thereof in knock down condition shall register
with the Land Transportation Commission the motor vehicle engine, engine block
and chassis in his name or in the name of the real owner who shall be readily
available to answer any claim over the registered motor vehicle engine, engine
block or chassis. Thereafter, all motor vehicle engines, engine blocks and
chassis not registered with the Land Transportation Commission shall be
considered as untaxed importation or coming from an illegal source or
carnapped, and shall be confiscated in favor of the Government.
All owners of motor vehicles in all cities and municipalities are required to register
their cars with the local police without paying any charges.
Section 4. Permanent registry of motor vehicle engines, engine blocks and
chassis. The Land Transportation Commission shall keep a permanent registry of
motor vehicle engines, engine blocks and chassis of all motor vehicles,
specifying therein their type, make and serial numbers and stating therein the
names and addresses of their present and previous owners. Copies of the
registry and of all entries made thereon shall be furnished the Philippine
Constabulary and all Land Transportation Commission regional, provincial and
city branch offices: Provided, That all Land Transportation Commission regional,
provincial and city branch offices are likewise obliged to furnish copies of all
registration of motor vehicles to the main office and to the Philippine
Constabulary.
Section 5. Registration of sale, transfer, conveyance, substitution or replacement
of a motor vehicle engine, engine block or chassis. Every sale, transfer,
conveyance, substitution or replacement of a motor vehicle engine, engine block
or chassis of a motor vehicle shall be registered with the Land Transportation
Commission. Motor vehicles assembled and rebuilt or repaired by replacement
with motor vehicle engines, engine blocks and chassis not registered with the
Land Transportation Commission shall not be issued certificates of registration
and shall be considered as untaxed imported motor vehicles or motor vehicles
carnapped or proceeding from illegal sources.
Section 6. Original Registration of motor vehicles. Any person seeking the
original registration of a motor vehicle, whether that motor vehicle is newly
assembled or rebuilt or acquired from a registered owner, shall within one week after
the completion of the assembly or rebuilding job or the acquisition thereof from the
registered owner, apply to the Philippine Constabulary for clearance of the motor
vehicle for registration with the Land Transportation Commission. The Philippine
Constabulary shall, upon receipt of the application, verify if the motor vehicle or its
numbered parts are in the list of carnapped motor vehicles or stolen motor vehicle
parts. If the motor vehicle or any of its numbered parts is not in that list, the Philippine
Constabulary shall forthwith issue a certificate of clearance. Upon presentation of the
certificate of clearance from the Philippine Constabulary and after verification of the
registration of the motor vehicle engine, engine block and chassis in the permanent
registry of motor vehicle engines, engine blocks and chassis, the Land
Transportation Commission shall register the motor vehicle in accordance with
existing laws, rules and regulations.
Section 7. Duty of Collector of Customs to report arrival of imported motor vehicle,
etc. The Collector of Customs of a principal port of entry where an imported motor
vehicle, motor vehicle engine, engine block chassis or body is unloaded, shall, within
seven days after the arrival of the imported motor vehicle or any of its parts
enumerated herein, make a report of the shipment to the Land Transportation
Commission, specifying the make, type and serial numbers, if any, of the motor
vehicle engine, engine block and chassis or body, and stating the names and
addresses of the owner or consignee thereof. If the motor vehicle engine, engine
block, chassis or body does not bear any serial number, the Collector of Customs
concerned shall hold the motor vehicle engine, engine block, chassis or body until it
is numbered by the Land Transportation Commission.
Section 8. Duty of importers, distributors and sellers of motor vehicles to keep record
of stocks. Any person engaged in the importation, distribution, and buying and selling
of motor vehicles, motor vehicle engines, engine blocks, chassis or body, shall keep
a permanent record of his stocks, stating therein their type, make and serial
numbers, and the names and addresses of the persons from whom they were
acquired and the names and addresses of the persons to whom they were sold, and
shall render an accurate monthly report of his transactions in motor vehicles to the
Land Transportation Commission.
Section 9. Duty of manufacturers of engine blocks, chassis or body to cause
numbering of engine blocks, chassis or body manufactured. Any person engaged in
the manufacture of engine blocks, chassis or body shall cause the numbering of
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every engine block, chassis or body manufactured in a convenient and
conspicuous part thereof which the Land Transportation Commission may direct
for the purpose of uniformity and identification of the factory and shall submit to
the Land Transportation Commission a monthly report of the manufacture and
sale of engine blocks, chassis or body.
Section 10. Clearance and permit required for assembly or rebuilding of motor
vehicles. Any person who shall undertake to assemble or rebuild or cause the
assembly or rebuilding of a motor vehicle shall first secure a certificate of
clearance from the Philippine Constabulary: Provided, That no such permit shall
be issued unless the applicant shall present a statement under oath containing
the type, make and serial numbers of the engine, chassis and body, if any, and
the complete list of the spare parts of the motor vehicle to be assembled or
rebuilt together with the names and addresses of the sources thereof.
In the case of motor vehicle engines to be mounted on motor boats, motor
bancas and other light water vessels, the applicant shall secure a permit from the
Philippine Coast Guard, which office shall in turn furnish the Land Transportation
Commission the pertinent data concerning the motor vehicle engines including
their type, make and serial numbers.
Section 11. Clearance required for shipment of motor vehicles, motor vehicle
engines, engine blocks, chassis or body. Any person who owns or operates inter-
island shipping or any water transportation with launches, boats, vessels or ships
shall within seven days submit a report to the Philippine Constabulary on all
motor vehicle, motor vehicle engines, engine blocks, chassis or bodies
transported by it for the motor vehicle, motor vehicle engine, engine block,
chassis or body to be loaded on board the launch, boat vessel or ship.
Section 12. Defacing or tampering with serial numbers of motor vehicle engines,
engine blocks and chassis. It shall be unlawful for any person to deface or
otherwise tamper with the original or registered serial number of motor vehicle
engines, engine blocks and chassis.
Section 13. Penal Provisions. Any person who violates any provisions of this Act
shall be punished with imprisonment for not less than two years nor more than
six years and a fine equal in amount to the acquisition cost of the motor vehicle,
motor vehicle engine or any other part involved in the violation: Provided, That if
the person violating any provision of this Act is a juridical person, the penalty herein
provided shall be imposed on its president or secretary and/or members of the board
of directors or any of its officers and employees who may have directly participated in
the violation.
Any government official or employee who directly commits the unlawful acts defined
in this Act or is guilty of gross negligence of duty or connives with or permits the
commission of any of the said unlawful act shall, in addition to the penalty prescribed
in the preceding paragraph, be dismissed from the service with prejudice to his
reinstatement and with disqualification from voting or being voted for in any election
and from appointment to any public office.
Section 14. Penalty for Carnapping. Any person who is found guilty of carnapping,
as this term is defined in Section two of this Act, shall, irrespective of the value of
motor vehicle taken, be punished by imprisonment for not less than fourteen years
and eight months and not more than seventeen years and four months, when the
carnapping is committed without violence or intimidation of persons, or force upon
things; and by imprisonment for not less than seventeen years and four months and
not more than thirty years, when the carnapping is committed by means of violence
against or intimidation of any person, or force upon things; and the penalty of life
imprisonment to death shall be imposed when the owner, driver or occupant of the
carnapped motor vehicle is killed in the commission of the carnapping.
Section 15. Aliens. Aliens convicted under the provisions of this Act shall be
deported immediately after service of sentence without further proceedings by the
Deportation Board.
Section 16. Reward. Any person who voluntarily gives information leading to the
recovery of carnapped vehicles and for the conviction of the persons charged with
carnapping shall be given as reward so much reward money as the Philippine
Constabulary may fix. The Philippine Constabulary is authorized to include in its
annual budget the amount necessary to carry out the purposes of this section. Any
information given by informers shall be treated as confidential matter.
Section 17. Separability clause. If any provisions of this Act is declared invalid, the
provisions thereof not affected by such declaration shall remain in force and effect.
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Section 18. Repealing clause. All laws, executive orders, rules and regulations,
or parts thereof, inconsistent with the provisions of this Act are hereby repealed
or amended accordingly.

Section 19. Effectivity. This Act shall take effect upon its approval.

Approved: August 26, 1972

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