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PHILIPPINE TRAFFIC

LAWS AND REGULATIONS

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ADDRESS
AREZA TOWN
CENTER, LTO
COMPOUND, BRGY.
CANLALAY, BIÑAN Z
LAGUNA
REPUBLIC ACT NO. 4136 LAND TRANSPORTATION
AND TRAFFIC CODE
A. Violations concerning licensing
• Driving without license
• Driving with delinquent, invalid, suspended, ineffectual, revoked or improper license
• Failure to show or surrender driver’s license for cause upon demand by person with authority to confiscate
• Driving while under the influence of liquor or prohibited drug
• Allowing an unlicensed/improperly licensed to drive motor vehicle
• Possession and use of fake driver’s license
• Allowing another person to use his driver’s license
• Use and involvement of motor vehicle by the driver in commission of a crime
• Student driver operating a motor vehicle without being accompanied by a licensed driver
• Unlicensed conductor of a motor vehicle for hire
B. Violations concerning registration
• Operating a motor vehicle which is unregistered/improperly registered/delinquent or with invalid registration
• Operating a motor vehicle with unregistered substitute or replacement engine, engine block or chassis, change color, change body
or configuration
• Failure to carry in the motor vehicle the Certificate of Registration (CR) and Official Receipt (OR), original photocopies
C. Violations concerning number plates and stickers
• Motor vehicle plates not firmly attached and visible
1. Dirty or uncared for plates
2. Inconspicuously displayed plates
3. No current registration sticker
• License plates different from body number on Public Utility Vehicle
• Improper display of motor vehicle plates by owner to accommodate a better display of commemorative/other plates
• Display of expired commemorative/other plates
• Tampered/marked plates/stickers
• Illegal transfer and use of motor vehicle plates/tags or stickers from one motor vehicle to another except security plates on
authorized vehicle
D. Violations relative to equipment parts, accessories, devices and marking of motor vehicle
• Operating motor vehicle with metallic tires in any public highway
• Defective brakes
• Improper/defective horn or signaling device
• Unnecessary lights visible in front of vehicle
• Without/defective headlights/taillights
• Without red rear, lights at both/each side visible at least 100 meters from vehicle
• Without plate light
• Without opening brake lights
• Without/defective wiper on the windshield
• Without cut/disconnected muffler o Dirty/unsightly dilapidated motor vehicle
• Failure to paint or improper painting of authorized route of plates
• Non-painting of business or trade name o Use of authorized improvised plates. Use of improvised plates to make motor vehicle
appear as for hire
• For motor vehicles operated for hire:
1. Dirty/unsanitary defective unit
2. Without/defective hand brakes
3. Without/defective speedometer or tachometer
4. Defective or broken windshield wiper

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5. Without rear view mirror
6. Without interior light o Name of business name and address not inscribed on both sides of motor vehicle used for public service
• No spare tire o Use of unauthorized bell, siren or exhaust whistled on emergency
• No red flag or red lights on projecting end of load extending more than a meter beyond the bed or body
• Failure to paint appropriate body number on a motor vehicle for hire on both sides
• Failure to carry Early Warning Device (EWD). Failure to install EWD four meters away to the front and rear of stalled/disabled
motor vehicle
• No capacity marking o Installation of jalousies, curtains, dim colored lights, strobe lights, dancing lights or similar lights/tinted
colored or painted windshield or window glass. Sun visor or front windshield is allowed
No permanent tailgate or failure to put “NOT FOR HIRE” sign in a private jeepney/jitney

Violations concerning weights and load limits


• Load extending beyond projected width without permit
• Overloading
1. Operating motor vehicle with wheel, axle or axle group loads in excess of the limits in Sec. 9 R.A. 4136 or any regulation without
permit
2. Operating motor vehicle with total weight of cargo carrying device on passenger truck including cargo exceeds 100 kilos
3. Allowing more passengers and/or more freight or cargo in vehicle beyond the registered carrying capacity
4. Baggage or freight carried on top of truck exceeds 20 kilos per square meter and distribution of such endangers in the passenger or
stability of the truck

REPUBLIC ACT NO. 10930


AN ACT RATIONALIZING AND STRENGTHENING THE POLICY REGARDING DRIVER’S LICENSE BY EXTENDING
THE VALIDITY PERIOD OF DRIVERS’ LICENSES, AND PENALIZING ACTS IN VIOLATION OF ITS ISSUANCE AND
APPLICATION AMENDING FOR THOSE PURPOSES SECTION 23 OF REPUBLIC ACT NO. 4136, AS AMENDED BY BATAS
PAMBANSA BLG. 398 AND EXECUTIVE ORDER NO. 1011, OTHERWISE KNOWN AS THE LAND TRANSPORTATION AND
TRAFFIC CODE

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


Section 1. Declaration of Policy. - It shall be the policy of the State to establish a system that promotes the ease of access to government
services and efficient transportation regulation favorable to the people.
Section 2. Section 23 of Republic Act No. 4136, otherwise known as the “Land Transportation and Traffic Code”, as amended, is hereby
further amended and read as follows:

”Sec. 23 Issuances of Driver’s License, Fees and Validity. - If, after such examination, the Land Transportation Office (LTO) Head or
his/her deputies find that the applicant possesses the necessary qualification and profciency in the operation of motor vehicles, is able to
read and write any of the official languages or a major dialect and knows how to read and interpret various traffic signs, signals and road
markings, a professional or non-professional license may be issued to such applicant upon payment of the fee prescribed in accordance
with law, and which shall not cost more than the government’s procurement expense, but prior to the issuance of said license, the
applicant shall present himself/herself in person and have his/her photograph taken by the LTO. All drivers’ license issued shall be signed
in the presence of LTO Head or his/her deputies and shall bear among others, the full name, date of birth, height, weight, sex, color of
eyes, blood type, complete current address, biometrics, license number, and its date of issue and expiration.

”In the issuance of licenses, the LTO shall now use such process or adopt such measure as will prevent any alteration or falsification of
a license or will enable the LTO to detect any unauthorized

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license. The LTO shall create an online process for the renewal of professional and nonprofessional licenses within one (1) year from
the effectivity of this Act.

“Except for student permits, all drivers’ licenses shall be valid for five (5) years reckoned from the birthdate of the licensee, unless
sooner revoked or suspended: Provided, however, That subject to Section 26 hereof, any holder of a professional or nonprofessional
driver’s license who has not committed any violation of Republic Act No. 4136 and other traffic laws, rules and regulations during the
five (5)-year period shall be entitled to a renewal of such license for ten (10) years, subject to the restrictions as may be

imposed by the LTO.


“The local government units (LGUs), the Metropolitan Manila Development Authority (MMDA) or other agencies lawfully issuing
traffic violation to the LTO, which shall serve as the repository of all traffic violation records.”

Section 3. A new section is hereby added after Section 23 of the same Act and numbered as Section 23 of the same Act and numbered
as Section 23-A, to read as follows:

“Sec. 23-A Establishment of Stricter Rules Before the Issuance of Driver’s License. - The LTO shall promulgate prerequisites and
guidelines before the grant of drivers’ licenses to ensure that these are issued only to deserving applicants with sufficient driving skills
and knowledge on road safety and proper road courtesy.

“Toward this end, the conduct of theoretical and practical examinations, among others, must sufficiently measure the competency of
drivers and must be designed to the type of license applied for its corresponding restrictions: Provided, that for professional drivers,
the tests must be appropriated to the vehicle and type of service the applicant intends to operate.”

Section 4. A new section is hereby added after the Section 23-A of the same Act and numbered as 23-B, to read as follows:
Sec. 23-B. Penalties. - Without prejudice to the penalties provided under the Revised Penal Code and other applicable laws, the
penalties corresponding to the following acts shall be imposed by the appropriate agency or officer:

“(a) Any officer who, in any manner, issues a driver’s license without the necessary examinations, connives with the applicant for the
irregular issuance of a license, or who, by gross negligence, issues a driver’s license to an unqualified applicant shall suffer a penalty
of removal from the service with all the accessory penalties attached thereto;

”(b) A fine in the amount of Twenty thousand pesos (P20,000.00) shall be imposed upon an applicant for a driver’s license found to
have committed any of the following acts:

“(1) Willful misrepresentation with respect to material information in one’s application;


“(2) Connivance with the officer in the irregular conduct of examinations or issuance of license;
“(3) Falsification of documents; or
“(4) Cheating during examinations.

“Any or all of the acts abovementioned shall be punished whether or not a license was granted but reason of such misrepresentation,
connivance, falsification or cheating.

“In addition to the abovementioned fine, the driver’s license of an erring applicant, if one is granted by reason of such misrepresentation,
connivance, falsification or cheating, shall be revoked, and the applicant shall be prohibited from applying for a period of two (2)
years. The repetition of such offense shall warrant the perpetual disqualification from being granted a driver’s license in addition to
the fine above-stated; and

“(c) A holder of a driver’s license who acts in violation of the provisions of Republic Act No. 4136 and other existing traffic laws shall
suffer corresponding penalties as may be provided by law and other issuances.

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“In case of death or physical injuries resulting in the loss of any part of the victim’s body or the use thereof, insanity, imbecility,
impotence or blindness, or incapacity to work for more than ninety (90) days, the license of the offending driver shall be revoked for
a period of four (4) years, after a finding by the court that such driver was negligent or at fault.

“The Department of Transportation (DOTr) and the LTO shall, in coordination with the Land Transportation Franchising and
Regulatory Board (LTFRB) and other concerned agencies and private stakeholders, aggressively and regularly conduct a nationwide
information, education and communication (IEC) campaign on road safety, including the list of measures implemented pursuant to
and violations punishable under this Act.”

Section 5. Review of Penalties. - The Secretary of the DOTr, upon the recommendation of the LTO, after due hearing and publication
shall have the power to increase or adjust the fine herein imposed once every five (5) years: Provided, that in no case shall the increase
be more than five (5%) of the fine sought to be increased.

Section 6. Research and Development. - The LTO shall conduct continuing research and development to ensure the efficient
administration of the drivers’ licensing system.

Section 7. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the Secretary of the DOTr,
with the assistance of the LTO, the LTFRB, and the MMDA, shall promulgate the implementing rules and regulations necessary to
ensure the effective implementation of this Act.

Section 8. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remainder of the law provisions
not otherwise affected shall remain valid and subsisting.

Section 9. Repealing Clause. - All laws, decrees, executive orders, letters of instruction, rules and regulations, issuances or parts
thereof inconsistent with this Act are hereby revoked, repealed, amended or modified accordingly.

Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of
general circulation.

REPUBLIC ACT NO. 8749


AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES

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

Chapter 1 General Provisions


Article One Basic Air Quality Policies

Section 1. Short Title. - This Act shall be known as the “Philippine Clean Air Act of 1999.”

Section 2. Declaration of Principles. - The State shall protect and advance the right of the people to a balanced and healthful 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.

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The State also recognizes the principle that “polluters must pay”.

Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all.
Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To
achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to:

(a) Formulate a holistic national program of air pollution management that shall be implemented by the government through proper
delegation and effective coordination of functions and activities;

(b) Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;

(c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air
pollution;

(d) Promote public information and education and to encourage the participation of an informed and active public in air quality
planning and monitoring; and

(e) Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program
or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and
compensation for personal damages.

Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be
recognized and the State shall seek to guarantee their enjoyment:

(a) The right to breathe clean air;

(b) The right to utilize and enjoy all natural resources according to the principles of sustainable development;

(c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and
in the decision-making process;

(d) The right to participate in the decision-making process concerning development policies, plans and programs projects or activities
that may have adverse impact on the environment and public health;

(e) The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served
timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or
hazardous substances;

(f) The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;

(g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to
compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental
laws; and

(h) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public
health impact of a project or activity.

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Article Two
Definition of Terms

Section 5. Definitions. - As used in this Act:

a) “Air pollutant” means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert
gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to
smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radio-active substances;

b) “Air pollution” means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge
thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful,
detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial,
industrial, agricultural, recreational, or other legitimate purposes;

c) “Ambient air quality guideline values” mean the concentration of air over specified periods classified as short-term and long-term
which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air
quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality,
and in general, used as basis for taking positive action in preventing, controlling, or abating air pollution;

d) “Ambient air quality” means the general amount of 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;

e) “Certificate of Conformity” means a certificate issued by the Department of Environment and Natural Resources to a vehicle
manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under
this Act and its rules and regulations;

f) “Department” means the Department of Environment and Natural Resources;

g) “Eco-profile” means the geographic-based instrument for planners and decision-makers which present an evaluation of the
environmental quality and carrying capacity of an area. It is the result of the integration of primary and secondary data and information
on natural resources and anthropogenic activities on the land which are evaluated by various environmental risk assessment and
forecasting methodologies that enable the Department to anticipate the type of development control necessary in the planning area;

h) “Emission” means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the
atmosphere;

i) “Greenhouse gases” mean those gases that can potentially or can reasonably be expected to induce global warming, which include
carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like;

j) “Hazardous substances” mean those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion,
inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) longterm toxicity
upon repeated exposure, carcinogenicity (which in some cases result in acute exposure but with a long latent period), resistance to
detoxification process such as biodegradation, the potential to pollute underground or surface waters;

k) “Infectious waste” means that portion of medical waste that could transmit an infectious disease;

l) “Medical waste” means the materials generated as a result of patient diagnosis, treatment, or immunization of human beings or
animals;

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m) “Mobile source” means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated
principally for the conveyance of persons or the transportation of property goods;

n) “Motor vehicle” means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power,
constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or
street open to public use;

o) “Municipal waste” means the waste materials generated from communities within a specific locality;

p) “New vehicle” means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with
the appropriate agency or authority, and operated on the highways of the Philippines, any foreign state or country;

q) “Octane Rating or the Anti-Knock Index(AKI)” means the rating of the anti-knock characteristics of a grade or type of automotive
gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number
(MON); the octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported,
manufactured, or assembled by a manufacturer, shall refer to the minimum octane rating of such automotive gasoline which such
manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking;

r) “Ozone Depleting Substances (ODS)” means those substances that significantly deplete or otherwise modify the ozone layer in a
manner that is likely to result in adverse effects of human health and the environment such as, but not limited to, chloroflourocarbons,
halons and the like;

s) “Persistent Organic Pollutants (POPs)” means the organic compounds that persist in the environment, bioaccumulate through
the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic,
chemical and biological degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs),
organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;

t) “Poisonous and toxic fumes” means any emissions and fumes which are beyond internationally - accepted standards, including but
not limited to the World Health Organization (WHO) guideline values;

u) “Pollution control device” means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions
from identified pollution sources at levels within the air pollution control standards established by the Department;
v) “Pollution control technology” means the pollution control devices, production process, fuel combustion processes or other means
that effectively prevent or reduce emissions or effluent;

w) “Standard of performance” means a standard for emissions of air pollutant which reflects the degree of emission limitation
achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction
and any non-air quality health and environmental impact and energy requirement which the Department determines, and adequately
demonstrates; and

x) “Stationary source” means any building or immobile structure, facility or installation which emits or may emit any air pollutant.

Chapter 2
Air Quality Management System
Article One
General Provisions

Section 6. Air Quality Monitoring and Information Network. - The Department shall prepare an annual National Air Quality Status
Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7.
The said report shall include, but shall not be limited to the following:

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a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department’s monitoring
stations;

b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;

c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;

d) Recommendations for necessary executive and legislative action; and

e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating
of industries in the country.

The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information
network for data storage, retrieval and exchange.

The Department shall serve as the central depository of all data and information related to air quality.

Section 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, the academe and other concerned entities from the private sector,
formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and
control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control
strategies and control measures to undertaken within a specified time period, including cost-effective use of economic incentives,
management strategies, collective actions, and environmental education and information.

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.

Section 8. Air Quality Control Action Plan. - Within six (6) months after the formulation of the framework, the Department shall,
with public participation, formulate and implement an air quality control action plan consistent with Sec. 7 of this Act. The action
plan shall:

a) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for
compliance, as may be necessary or appropriate to meet the applicable requirements of this Act;

b) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile
and analyze data on ambient air quality;

c) Include a program to provide for the following: (1) enforcement of the measures described in subparagraph [a]; (2) regulation of
the modification and construction of any stationary source within the areas covered by the plan, in accordance with land use policy to
ensure that ambient air quality standards are achieved;

d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity
within the country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will interfere
with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan
to prevent significant deterioration of air quality or to protect visibility;

e) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of
economic incentives, management strategies, collection action and environmental education and information;

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e) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of
economic incentives, management strategies, collection action and environmental education and information;

f) Designate airsheds; and

g) All other measures necessary for the effective control and abatement of air pollution.

The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government
agencies, and on the alignment of their programs with the plans.

In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement
of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered.

Likewise, the LGU’s, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated
Air Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as
provided in Sec. 9 hereof.

The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their
jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The
Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government
unit concerned can assume the function to enforce the standards set by the Department.

A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct
periodic inspections of air pollution sources to assess compliance with emission limitations contained in their permits.

Section 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.

To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members
shall be as follows:

a) Provincial Governors from areas belonging to the airshed;


b) City/Municipal Mayors from areas belonging to the airshed;
c) A representative from each concerned government agency;
d) Representatives from people’s organizations;
e) Representatives from non-government organizations; and
f) Representatives from the private sector.

The Board shall perform the following functions:

a) Formulation of policies;
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.

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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.

Emissions trading may be allowed among pollution sources within an airshed.

Section 10. Management of Non-attainment Areas. - The Department shall designate areas where specific pollutants have already
exceeded ambient standards as non-attainment areas. The Department shall prepare and implement a program that will prohibit new
sources of exceeded air pollutant without a corresponding reduction in existing resources.

In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures
including relocation, whenever necessary, to protect the health and welfare of residents in the area.

For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment
organizations (NGOs), people’s organizations (POs) and concerned sectors may revise the designation of such areas and expand its
coverage to cover larger areas depending on the condition of the areas.

Section 11. Air Quality Control Techniques. - Simultaneous with the issuance of the guideline values and standards, the Department,
through the research and development program contained in this Act and upon consultation with appropriate advisory committees,
government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such
information shall include:

(a) Best available technology and alternative methods of prevention, management and control of air pollution;
(b) Best available technology economically achievable which shall refer to the technological basis/standards for emission limits
applicable to existing, direct industrial emitters of nonconventional and toxic pollutants; and
(c) Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction of emissions.
Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction
benefits, and environmental impact or the emission control technology.

The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to
the general public: Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the
purchase of certain pollution control devices by the public.

Section 12. Ambient Air Quality Guideline Values and Standards. - The Department, in coordination with other concerned agencies,
shall review and or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/
or standard necessary to protect health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall
be as follows:

(a) For National Ambient Air Quality Guideline for Criteria Pollutants:
Short Term a Long Term b
Pollutants µg/Ncm ppm Averaging Time µg/Ncm ppm Averaging Time
Suspended Particulate
Matterc -TSP/230d 24 hours 90 ---- 1 yeare
-PM-10/150f 24 hours 60 ---- 1 yeare
Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year
Nitrogen Dioxide 150 0.08 24 hours ---- ---- ----
Photochemical Oxidants 140 0.07 1 hour ---- ---- ----
As Ozone 60 0.03 8 hours ---- ---- ----
Carbon Monoxide 35 mg/Ncm 30 1 hour ---- ---- ----
10 mg/Ncm 9 8 hours ---- ---- ----
Leadg 1.5 ---- 3 months 1.0 ---- 1 year

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a Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year.

b Arithmetic mean

c SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve
sampling days per quarter of forty-eight sampling days each year is required for these methods. Daily sampling may be done in the
future once continuous analyzers are procured and become available.

d Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.

e Annual Geometric Mean

f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient
monitoring data are gathered to base a proper guideline.

g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The
monitored average value for any three months shall not exceed the guideline value.

(b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations:
Pollutants1 Concentration2 Averaging time (min.) Method of Analysis/ Measurement3
µ/Ncm ppm
1. Ammonia 200 0.28 30 Nesselerization/ Indo Phenol
2. Carbon Disulfide 30 0.01 30 Tischer Method
3. Chlorine and Chlorine
Compounds expressed as Cl2 100 0.03 5 Methyl Orange
4. Formaldehyde 50 0.04 30 Chromotropic acid Method or MBTH Colorimetric Method
5. Hydrogen Chloride 200100 0.13 30 Volhard Titration with Iodine Solution
6. Hydrogen Sulfide 0.07 30 Methylene Blue
7. Lead 20 30 AASc
8. Nitrogen Dioxide 375,260 0.20,0.14 30,60 Greiss- Saltzman
9. Phenol 100 0.03 30 4-Aminoantiphyrine
10. Sulfur Dioxide 470, 340 0.18, 0.13 30,60 Colorimetric-Pararosaniline
11. Suspended Particulate Matter-TSP 300 ---- 60 Gravimetric

1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC
Rules and Regulations 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.

3 Other equivalent methods approved by the Department may be used.

The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge
including information on:

a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public
health or welfare of such air pollutant;

b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare;
and

c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such pollutant

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The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be
limited to nor be less stringent than such standards.

Section 13. Emission Charge System. - The Department, in case of industrial dischargers, and the Department of Transportation and
Communication (DOTC), in case of motor vehicle dischargers, shall, based on environmental techniques, design, impose on and
collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system,
as the case may be. The system shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of
the fees include, but is not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control
devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not
limited total credits and/or accelerated depreciation deductions.

Section 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 hereby established to finance containment, removal, and clean-up operations of the Government
in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support
research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to
the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.

The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution
Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from
donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and
all other taxes, charges or fees imposed by the Government.

Section 15. Air Pollution Research and Development Program. - The Department, in coordination with the Department of Science
and Technology (DOST), other agencies, the private sector, the academe, NGO’s and PO’s, shall establish a National Research and
Development Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and
the development of improved methods having industry-wide application for the prevention and control of air pollution.
Such a research and development program shall develop air quality guideline values and standards in addition to internationally-
accepted standards. It shall also consider the socio-cultural, political and economic implications of air quality management and
pollution control.

Article Two
Air Pollution Clearances and Permits for Stationary Sources

Section 16. Permits. - Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may
determine necessary for the prevention and abatement of air pollution.

Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality
standards. These permits shall serve as management tools for the LGUs in the development of their action plan.

Section 17. Emission Quotas. - The Department may allow each regional industrial center that is designated as special airshed to
allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system
programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.

Section 18. Financial Liability for Environmental Rehabilitation. - As part of the environmental management plan attached to the
environmental compliance certificate 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-up rehabilitation of areas that may be damaged during the program or project’s actual implementation. Liability for damages
shall continue even after the termination of a program or project, where such damages are clearly attributable to that program or
project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate.

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Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of credit, as well as
self-insurance. The choice of the guarantee instruments shall furnish the Department with evidence of availment of such instruments.

Article Three
Pollution from Stationary Sources

Section 19. Pollution From Stationary Sources. - The Department shall, within two (2) years from the effectivity of this Act, and every
two (2) years thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve the emission
standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary
source of air pollution based on internationally accepted standards, but not be limited to, nor be less stringent than such standards
and with the standards set forth in this section. The standards, whichever is applicable, shall be the limit on the acceptable level of
pollutants emitted from a stationary source for the protection of the public’s health and welfare.

With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration
at the point of emission shall not exceed the following limits:

Pollutants Standard Applicable to Source Maximum Permissible Limits (mg/Ncm) Method of Analysisa
1. Antimony and Its compounds Any source 10 as Sb AASb

2. Arsenic and its compounds Any source 10 as As AASb

3. Cadmium and its compounds Any source 10 as Cd AASb

4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis

5. Copper and its Compounds Any industrial source 1 00 ax Cu AASb

6. Hydrofluoric Acids and Fluoride compounds Any source other than the manufacture of Aluminum from Alumina 50 as HF Titration with Ammonium Thiocyanate

7. Hydrogen Sulfide i) Geothermal Power Plants c.d Cadmium Sulfide Method

ii) Geothermal Exploration and well-testing e

iii) Any source other than (i) and (ii) 7 as H2S Cadmium Sulfide Method

8. Lead Any trade, industry or process 10 as Pb AASb

9. Mercury Any Source 5 as elemental Hg AASb/Cold-Vapor Technique or Hg Analyzer

10. Nickel and its compounds,

except Nickel Carbonylf Any source 20 as Ni AASb

11. NOx i) Manufacture of Nitric Acid 2,000 as acid and NOx and calculated as NO2 Phenol-disulfonic acid Method

ii) Fuel burning steam generators 1,500 as NO2 Phenol-disulfonic acid Method

Existing Source New Source

• Coal-Fired 1,000 as NO2

• Oil-Fired 500 as NO2

iii) Any source other than (i) adn (ii) Phenol-disulfonic acid Method

Existing Source 1000 as NO2

New Source 500 as NO2

12. Phosphorus Pentoxideg Any source 200 as P2O5 Spectrophotometry

13. Zinc and its Compounds Any source 100 as Zn AASb

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a Other equivalent methods approved by the Department may be used.
b Atomic Absorption Spectrophometry
c All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150g/
GMW-Hr
d All existing geothermal power plants shall control HsS emissions to not more than 200g/GMW-Hr. within 5 years from the date of
efectivity of these revised regulations.
e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is
required.
f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
g Provisional Guideline
Provided, That the maximum limits in mg/ncm particulates in said sources shall be:
1. Fuel Burning Equipment
a) Urban or Industrial Area 150 mg/Ncm
b) Other Area 200 mg/Ncm

2. Cement Plants (Kilns, etc.) 150 mg/Ncm

3. Smelting Furnaces 150 mg/Ncm

4. Other Stationary Sourcesa 200 mg/Ncm

a Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants,
industrial boilers, cement plants, incinerators and smelting furnaces.
Provided, Further, That the maximum limits for sulfur oxides in said sources shall be:

(1) Existing Sources


(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0gm.Ncm as SO3
(ii) Fuel burning Equipment 1.5gm.Ncm as SO2
(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3
(2) New Sources
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm.Ncm as SO3
(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2
(iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3

a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid
and sulfonation process, fuel burning equipment and incineration.
For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards
shall not be exceeded in the exhaust gas:

I. Daily And Half Hourly Average Values


Daily Average Values Half Hourly Average Values

Total dust 10 mg/m3 30 mg/m3


Gaseous and vaporous organic substances, 10 mg/m3 20 mg/m3
expressed as total organic carbon
Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3
Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3
Sulfur dioxide (SO2) 50 mg/m3 200 mg/m3

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Nitrogen monoxide (NO) and Nitrogen 200 mg/m3 400 mg/m3
dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity exceeding 3 tonnes per hour

Nitrogen monoxide (NO) and nitrogen 300 mg/m3


dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity of 3 tonnes per hour or less

Ammonia 10 mg/m3 20 mg/m3

II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.

Cadmium and its compounds, expressed as cadmium (Cd) total 0.05 mg/m3
Thallium and its compounds, expressed as thallium (Tl) 0 .05 mg/m3
Mercury and its Compounds, expressed as mercury (Hg)
Antimony and its compounds, expressed as antimony (Sb)
Arsenic and its compounds, expressed as arsenic (As)
Lead and its compounds, expressed as lead ( Pb)
Chromium and its compounds, expressed as chromium (Cr)
Cobalt and its compounds, expressed as cobalt (Co)

Copper and its compounds, expressed as copper (Cu) total 0.5


Manganese and its compounds, expressed as manganese (Mn) mg/m3 mg/m3
Nickel and its compounds, expressed as nickel (Ni)
Vanadium and its compounds, expressed as vanadium (V)
Tin and its compounds, expressed as tin (Sn)

These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds:
Provided, That the emission of dioxins and furans into the air shall be reduced by the most progressive techniques: Provided, Further,
That all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not
exceed the limit value of 0.1 nanogram/m3.

Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of
performance for any stationary source the procedure for testing emissions for each type of pollutant, and the procedure for enforcement
of said standards.

Existing industries, which are proven to exceed emission rates established by the Department in consultation with stakeholders, after a
thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment
of an environmental management system and the installation of an appropriate air pollution control device : Provided, That an
extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds.

Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal, biomedical and hazardous waste, which
process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to traditional
small-scale method of community/neighborhood sanitation “siga”, traditional, agricultural, cultural, health, and food preparation and
crematoria; Provided, Further, That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the
effectivity of this Act; Provided, Finally, that in the interim, such units shall be limited to the burning of pathological and infectious
wastes, and subject to close monitoring by the Department.

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Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive
ecological waste management that includes waste segregation, recycling and composting.

With due concern on the effects of climate change, the Department shall promote the use of state-of-the-art, environmentally-sound
and safe non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled,
uncomposted, biomedical and hazardous wastes.

Article Four
Pollution from Motor Vehicles

Section 21. Pollution from Motor Vehicles. - a) The DOTC shall implement the emission standards for motor vehicles set pursuant
to and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the
standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial
improvement in air quality for the health, safety and welfare of the general public.

The following emission standards for type approval of motor vehicles shall be effective by the year 2003:

a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:

Emission Limits for Light Duty Vehicles


Type Approval
(Directive 91/441/EEC)

CO HC + NOx PMa
(g/km) (g/km) (g/km)
2.72 0.970.14

a for compression-ignition engines only

b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be:

Emission Limits for Light Commercial Vehicles


Type Approval
(Directive 93/59/EEC)

Reference Weight (RW) (kg) CO HC + PMa (g/km)


(kg) (g/km) NOx (g/km)

Category 1 1250< RW 2.72 0.97 0.14
Category 2 1250< RW<1700 5.17 1.4 0.19
Category 3 RW>1700 6.9 1.7 0.25

a for compression-ignition engines only

c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:

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Emission Limits for Heavy Duty Vehicles
Type Approval
(Directive 91/542/EEC)

CO HC NOx PM
(g/k/Wh) (g/k/Wh) (g/k/Wh) (g/k/Wh)
4.5 1.1 8.0 0.36a

a In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit by a
coefficient of 1.7

Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow
any emission of gases from crankcase ventilation system into the atmosphere.

b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management
of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance
with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and
LGUs for this purpose. To this end, the DOTC shall have the power to:

(1) Inspect and monitor the emissions of motor vehicles;


(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and
(3) Authorize private testing emission testing centers duly accredited by the DTI.

c) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor vehicles and the
testing of their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said sources.

d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of Trade and Industry (DTI),
together with the DOTC and the Department shall formulate and implement a national motor vehicle inspection and maintenance
program that will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement
standards and procedures for the certification of training institutions, instructors and facilities and the licensing of qualified private
service centers and their technicians as prerequisite for performing the testing, servicing, repair and the required adjustment to
the vehicle emission system. The DTI shall likewise prescribe regulations requiring the disclosure of 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 maintenance program.

Section 22. Regulation of All Motor Vehicles and Engines. - Any imported new or locally-assembled new motor vehicle shall not
be registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity
(COC) issued by the Department.

Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission
standards set pursuant to this Act.

Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be
registered unless it complies with the emission standards.

In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in
compliance with applicable emission standards.

No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement
promulgated 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.

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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.

Section 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

Section 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.

Section 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
Section 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, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and
benzene not to exceed two percent (2%) by volume;

b) 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 automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by
weight with a cetane number of index of not less than forty-eight (48): Provided, That by year 2004, content of said sulfur shall be
0.05% by weight; and

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c) 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 industrial diesel fuel which contains a concentration of sulfur in excess of
0.30% (by weight).

Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel
fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act.
The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and
testing procedures to be established in accordance with the provisions of this Act.

Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited
to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be approved and certified by the
Department.

Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in coordination with the Department and the BPS, shall regulate
the use of any fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale,
or introduce into commerce such fuel for additive unless the same has been registered with the DOE. Prior to registration, the
manufacturer, processor or trader shall provide the DOE with the following relevant information:

a) Product identity and composition to determine the potential health effects of such fuel additives;
b) Description of the analytical technique that can be used to detect and measure the additive in any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.

Section 28. Misfueling. - In order to prevent the disabling of any emission control device by lead contamination, no person shall
introduce or cause or allow the introduction of leaded gasoline 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
designed solely for the use of unleaded gasoline.

Section 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 the enactment of this Act, no person shall manufacture, import,
sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any manner, leaded gasoline and engines and
components requiring the use of leaded gasoline.

For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the
use of unleaded fuel within five(5) years after the effectivity of this Act.

Article Two
Other Pollutants

Section 30. Ozone-Depleting Substances. - Consistent with the terms and conditions of the Montreal Protocol on Substances that
Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department
shall phase out ozone-depleting substances.

Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are known to cause
harmful effects on the stratospheric ozone layer.

Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and Astronomical Service
Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone
depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and
standard-setting activities.

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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.

Section 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 on the reduction and elimination of POPs such as dioxins and furans. Such
programs shall be formulated within a year after the establishment of the inventory list.

Section 33. Radioactive Emissions. - All projects which will involve the use of atomic and/or nuclear energy, and will entail release
and emission of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities
and radioactive materials, handling, transport, production, storage, and use of radioactive materials, shall be regulated in the interest
of public health and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with Department and other appropriate government agencies.

Chapter 4
Institutional Mechanism

Section 34. Lead Agency. - The Department, unless otherwise provided herein, shall be the primary government agency responsible for
the implementation and enforcement of this Act. To be more effective in this regard, The Department’s Environmental Management
Bureau (EMB) shall be converted from a staff bureau to a line bureau for a period of no more than two (2) years, unless a separate,
comprehensive environmental management agency is created.

Section 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.

Section 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 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.

Section 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;

b) To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the
delivery of basic services and the provision of adequate facilities relative to air quality;

c) To take the lead in all efforts concerning air quality protection and rehabilitation;

d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by rational laws;

21
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.

Section 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;
(c) install, use and maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Department;
(e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions
is impractical; and
(f) provide such other information as the Department may reasonably require.
Pursuant to this Act, the Department, through its authorized representatives, shall have the right of:
(a) entry or access to any premises including documents and relevant materials as referred to in the herein preceding paragraph;
(b) inspect any pollution or waste source, control device, monitoring equipment or method required; and
(c) test any emission.

Any record, report or information obtained under this section shall be made available to the public, except upon a satisfactory
showing to the Department by the entity concerned that the record, report or information, or parts thereof, if made public, would
divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise
be incorporated in the Department’s industrial rating system.

Section 39. Public Education and Information Campaign. - A continuing air quality information and education campaign shall
promoted by the Department, the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local
Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Sec. 7
of this Act, such campaign shall encourage the participation of other government agencies and the private sector including NGOs,
POs, the academe, environmental groups and other private entities in a multi-sectoral information campaign.

Chapter 5
Actions

Section 40. Administrative Action. - Without prejudice to the right of any affected person to file an administrative action, the
Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any
person who violates:

(a) Standards or limitation provided under this Act; or


(b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.

Section 41. Citizen Suits. - For purposes of enforcing the provisions of this Act or its implementing rules and regulations, any
citizen may file an appropriate civil, criminal or administrative action in the proper courts against:

(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or

22
(b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act;
and/or

(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its
implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any manner, improperly performs
his duties under this Act or its implementing rules and regulations: Provided, however, That no suit can be filed until thirty-day (30)
notice has been taken thereon.

The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and
shall likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an
injunction bond for the issuance of a preliminary injunction.

Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly
dismiss the action and award attorney’s fees and damages.

Section 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.

Section 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.

Section 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

Section 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.

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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 standards set by the Department and/or the Board and/or the appropriate LGU.

Section 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.

Section 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.

Section 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:

(a) three (3) or more specific offenses within a period of one (1) year;

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(b) three (3) or more specific offenses with three (3) consecutive years;

(c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and other similar devices, or
operation despite the existence of an order for closure, discontinuance or cessation of operation; and

(d) irreparable or grave damage to the environment as a consequence of any violation of the provisions of this Act.

Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of
the court. 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.

Chapter 7
Final Provisions

Section 49. Potential Loss or Shifts of Employment. - The Secretary of Labor is hereby authorized to establish a compensation,
retraining and relocation program to assist workers laid off due to a company’s compliance with the provisions of this Act.

Section 50. Appropriations. - An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall be appropriated for the initial
implementation of this Act, of which, the amount of Three Hundred Million Pesos (P300,000,000.00) shall be appropriated to the
Department; Two Hundred Million Pesos (P200,000,000.00) to the DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the
DOTC; and One Hundred Million Pesos (P100,000,000.00) to the DOE.

Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the General Appropriations
Act.

Chapter 7
Final Provisions

Section 49. Potential Loss or Shifts of Employment. - The Secretary of Labor is hereby authorized to establish a compensation,
retraining and relocation program to assist workers laid off due to a company’s compliance with the provisions of this Act.

Section 50. Appropriations. - An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall be appropriated for the initial
implementation of this Act, of which, the amount of Three Hundred Million Pesos (P300,000,000.00) shall be appropriated to the
Department; Two Hundred Million Pesos (P200,000,000.00) to the DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the
DOTC; and One Hundred Million Pesos (P100,000,000.00) to the DOE.

Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the General Appropriations
Act.

Section 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.

Section 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.

Section 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.

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REPUBLIC ACT NO. 8750
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

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

Section 1. Short Title. — This Act shall be known as the “Seat Belts Use Act of 1999.”

Section 2. Declaration of Policy. — It is hereby declared the policy of the State to secure and safeguard its citizenry, particularly the
passengers and drivers of private and public motor vehicles, from the ruinous and extremely injurious effects of vehicular accidents.
Towards this end, the State shall pursue a more proactive and preventive approach in order to secure the safety of the passengers and
drivers at all times with the mandatory enforcement of the use of seat belt devices by the drivers and front seat passengers of private
and public motor vehicles.

Section 3. Definition of Terms. — For purposes of this Act, the term:


(a) “Motorist” shall refer to the driver of a motor vehicle.

(b) “Seat belt device” shall refer to any strap, webbing or similar device in the form of pelvic restraint or lap belt, upper torso restraint
or shoulder strap or a combination thereof designed to secure a person in a motor vehicle in order to mitigate the results of any
accident, including all necessary buckles and other fasteners, and all hardware designed for installing such seat belt device in a motor
vehicle.

(c) “Motor vehicle” shall refer to both private and public motor vehicle. The term shall not include the tricycle and motorcycle.
(d) “Private motor vehicle” shall refer to any of the following:
(1) Any motor vehicle owned by individuals and juridical persons for private use;
(2) Any motor vehicle owned by the National Government or any of its agencies, instrumentalities or political subdivisions, including
government-owned or controlled corporations or their subsidiaries for official use; and
(3) Any diplomatic vehicle.
(e) “Public motor vehicle” shall refer to public utility vehicle or vehicle for hire.
(f) “Motor vehicle of running engine” shall refer to a vehicle as stated herein, operating and standing on any road or thoroughfare
with engine running.
(g) “Front seat passengers” shall refer to persons on board a public utility vehicle seated at the right side beside the driver for public
utility jeepneys (PUJs) and to passengers seated at the right side beside the driver and those at the first row immediately behind the
driver in the case of public utility buses (PUBs) and to passengers seated on the right side beside the driver for private motor vehicles.

Section 4. Mandatory Use of Seat Belts. — For their own safety, the driver and front seat passengers of a public or private motor
vehicle are required to wear or use their seat belt devices while inside a vehicle of running engine on any road or thoroughfare:
Provided, That for private vehicles, except for jeeps, jeepneys, vans, buses and such other private vehicles as may be determined in
the Implementing Rules and Regulations (IRR), front and back seat passengers are likewise required to use their seat belt devices at
all times.

In the case of public motor vehicles, the driver shall be required to immediately inform and require the front seat passengers upon
boarding a vehicle of running engine to wear the prescribed seat belts. Any passenger who refuses to wear seat belts shall not be
allowed to continue his/her trip.

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For special public service vehicles such as school services and other similar vehicles as may be determined by the IRR, seat belt devices
should be provided and used by both drivers and front seat passengers as defined herein and the first row passengers immediately
behind the driver at all times while inside a vehicle of running engine.

Operational motor vehicles, both public and private, which are not equipped with the required seat belt devices, are given one (1)
year from the issuance of the IRR by the Land Transportation Office (LTO) to retrofit appropriate seat belt devices in their vehicles.

Section 5. Children Prohibited to Sit in Front Seat. — Infants and/or children with ages six (6) years and below shall be prohibited to
sit in the front seat of any running motor vehicle.

Section 6. Coverage. — This Act, in the interest of public safety, shall apply to drivers and front seat passengers of public and private
motor vehicles and other vehicles as may be determined by the IRR thereon.

Section 7. Provisions for Seat Belt. — This Act further requires car manufacturers, assemblers and distributors to ensure that seat
belt devices are properly installed before the distribution and sale of the said vehicles as determined by the IRR thereon: Provided,
That manufacturers, assemblers and distributors of jeepneys may install a pelvic restraint or lap belt only in the driver’s and front seat
passengers’ seats and this shall be considered as substantial compliance with the requirements of this Act.

Section 8. Importation. — It shall be unlawful for any person to import or cause the importation of any vehicle without appropriate
and operational seat belt devices as required herein and in accordance with the IRR thereon.

Section 9. Type of Seat Belt Devices Required. — The seat belt devices required to be installed in all motor vehicles shall comply
with the standards and specifications established by the Bureau of Product Standards of the Department of Trade and Industry (DTI)
in consultation with the LTO of the Department of Transportation and Communications (DOTC): Provided, That the seat belt devices
installed in imported second-hand motor vehicles shall conform to the standards and specifications of the Bureau of Product Standards
for purposes of importation and registration.

Section 10. Registration. — No new motor vehicle shall be allowed initial registration and succeeding renewal of registration unless
it is equipped with the necessary seat belt devices. Renewal of registration of in-use vehicles without necessary seat belt devices shall
not be allowed one (1) year after the passage of the IRR as specified in Section 11 of this Act. For this purpose, the LTO shall include
in the implementing guidelines a system of vehicle registration where compliance with Section 4 hereof is required.

Section 11. Period of Implementation. — The LTO shall be the agency primarily responsible in the enforcement and implementation
of this Act. Within sixty (60) days from the effectivity of this Act, the LTO shall formulate and issue the necessary implementing
rules, regulations and guidelines and shall mobilize available resources to assure the effective implementation of this Act: Provided,
That the LTO or its successor tasked with the implementation of this Act may require the use of special car seats for infants, if it is
deemed necessary.

Section 12. Penalties and Fines. — In the enforcement of this Act, the LTO shall impose fines against drivers, operators, owners of
vehicles, manufacturers, assemblers, importers and/or distributors for violation of this Act.
The following shall be the basis in defining fine and penalty provisions of the IRR to be promulgated pursuant to Section 11 hereof,
provided that six (6) months grace period shall be allowed to lapse to conduct a nationwide information campaign:

(1) On the driver

(a) For failure to wear the prescribed seat belt devices and/or failure to require his passengers to wear the prescribed seat belt device,
a minimum fine of One hundred pesos (P100) but not to exceed One thousand pesos (P1,000) for the first violation; a minimum fine
of Two hundred pesos (P200) but not to exceed Two thousand pesos (P2,000) for the second violation; and a minimum fine of Five
hundred pesos (P500) but not to exceed Five thousand pesos (P5,000) and suspension of driver’s license for a period of one (1) week
for the third and succeeding violations;

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(b) Public utility vehicles shall post appropriate signages instructing front seat
passengers to wear seat belts when inside the vehicle. Non-compliance hereof will hold both the driver and the operator liable and
shall be fined a minimum of Three hundred pesos (P300) but not to exceed Three thousand pesos (P3,000) for every violation; and

(2) On any manufacturer, assembler, importer and distributor for every unit found without seat belt devices installed prior to its
distribution to the public, a minimum fine of Five thousand pesos (P5,000) but not to exceed Ten thousand pesos (P10,000) and
suspension of the license to manufacture, assemble, import or distribute for a period of one (1) year for the first violation; a minimum
fine of Ten thousand pesos (P10,000) but not to exceed Twenty thousand pesos (P20,000) and suspension of the license to manufacture,
assemble, import or distribute for a period of two (2) years for the second violation; and a fine of Twenty thousand pesos (P20,000)
but not to exceed Fifty thousand pesos (P50,000) and suspension of the license to manufacture, assemble, import or distribute for a
period of five (5) years for the third violation.

Section 13. Nationwide Public Information Campaign. — (a) The LTO, in coordination with the Philippine Information Agency (PIA)
the Department of Education, Culture and Sports (DECS) and private agencies and organizations, shall undertake a regular nationwide
Information, Education and Communication (IEC) campaign for the attainment of the objectives of this Act. The campaign shall stress
the safety and health value of seat belts to support the most effective enforcement of this Act.

(b) The LTO, in coordination with the local government units, shall likewise utilize the services of citizen groups and community
organizations for the promotion of public safety awareness in observance of this Act.

(c) The fines that will be collected for the enforcement of this Act shall be used exclusively for the implementation of the provisions
of this Act, including the necessary promotion campaigns for the use of seat belt devices.

Section 14. Separability Clause. — If any provision, or part hereof, is held invalid or unconstitutional, the remainder of the law or
provision not otherwise affected shall remain valid and subsisting.

Section 15. Repealing Clause. — Section 34, Article IV of Republic Act No. 4136 is hereby amended and any law, executive order,
decree, issuance, ordinance, rule and regulation or any part thereof contrary or inconsistent with the provisions of this Act is also
hereby repealed, modified or amended accordingly.

Section 16. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers
of general circulation.

REPUBLIC ACT NO. 8794


AN ACT IMPOSING A MOTOR VEHICLE USER’S CHARGE ON OWNERS OF ALL TYPES OF MOTOR VEHICLES AND
FOR OTHER PURPOSES

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

Section 1. Declaration of Policy.-it is hereby declared as the policy of the States to provide for an ensure the adequate maintenance of
national and provincial roads through sufficient funding the purpose.

Section 2. Coverage.- In lieu of the registration fee under section 8 Republic Act No. 4136, as amended by Batas Pambansa Bilang
74, and the Private Motor Vehicle Tax under Executive Order No. 43, series of 1986, there is hereby imposed on every motor vehicle,
whether for hire or for private use, including government motor vehicles as more fully provided in section 3 hereof, a Motor Vehicle
User’s Charge (MVUC) which shall be collected from and paid by the owner of the motor vehicle.

Section 3. Rates of the Motor Vehicle User’s Charge.-

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(a) For private passenger cars registered as of the date of the effectivity of this Act, the MVUC to be paid shall be the private motor
vehicle tax under Executive Order No. 43, series of 1986, plus twenty-five percent (25%) for the first year, fifty percent (50%) for
the second year, seventy five percent (75%)for the third year, and one hundred percent (100%) for the year and thereafter: Provided,
however, That private passenger cars to be registered for the first time after the effectivity of this Act, shall be subject to the MVUC
rates prescribed in section 3(b) hereof.

(b) Except as provided under 3(a) hereof, for each motor vehicle under each of the categories as herein provided, the MVUC shall
be collected from and paid by the vehicle owner, at the following base rates plus twenty-five percent (25%) in the first year from the
effectivity of this Act; the said base rates plus fifty percent (50%) in the second year from the effectivity of this Act; the said base rates
plus seventy-five percent (75%) in the third year from the effectivity of this Act; and said base rates plus one hundred percent (100%)
in the fourth year from the effectivity of this Act and their after: Provided, That the MVUC for the sports utility vehicles shall be
fifteen percent (!5%) higher than the MVUC herein set for private utility vehicles: Provided, further, That motorcycles for hire with
sidecars shall not pay more than three-hundred pesos (300.00).

Type of Vehicle Base Rates

I. Private and Government


A. Passenger Cars
(1) GVW Up to 1,600 kgs. P800
(2) GVW more than 1,600 kgs. –2,300 kgs. 1,800
(3) GVW more than 2,300 kgs. 4,000
B. Utility Vehicles
GCW up to 2,700 kgs. P1,000
GVW more than 1,000
2,700 kgs. – 4,500 kgs. +P20 per 100 kgs. of GCW over 2,700 kgs.
C. Motorcycles
Without sidecar P120
With side car 150
D. Buses
GVW more than 4,500 kgs. P900+P12 Per 100 kgs. Of GVW over 2,700 kgs.
E. Trucks
GVW more than 4,500 kgs P900 +P12 Per 100 kgs. of GVW over 2,700 kgs.
F. Trailers
GVW more than 4,500 kgs. P12 per 100 Kgs. Of GVW
II. For Hire
A. Passenger Cars
(1) GVW Up to 1,600 kgs. P450
(2) GVW more than 1,600 kgs. –2,300 kgs. 900
(3) GVW more than 2,300 kgs. 2,500
B. Utility Vehicles
GCW up to 4,500 kgs. P15 per 100 Kgs. Of GVW
C. Motorcycles
Without sidecar P150
With side car 240
D. Buses
GVW more than 4,500 kgs. P15 per 100 Kgs. of GVW
E. Trucks
GVW more than 4,500 kgs P900+P12 per 100 kgs. of GVW over 2,700 kgs.
F. Trailers
GVW more than 4,500 kgs. P12 per 100 Kgs. Of GVW

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After the fourth year from the effectivity of this Act, their president of the Philippines may adjust the rates contained in section 3 which
shall be reflected but shall not exceed the annual rates of the Consumer Price Index (CPI). The President may adjust such rates not
more than once every five (5) years.

Section 4. Government Motor Vehicles-The manner of payments of the user’s charge on government motor vehicle shall be in
accordance with the procedure that shall be promulgated by the Secretary of the Department Management (DBM).

Section 5. Reclassification and New Models of Motor Vehicle- The Land Transportation Office (LTO) shall submit any recommendation
for any change in motor vehicles above-listed for approval by the Secretary of the Department of Transportation and Communications
(DOTC). All manufacturers and/or assemblers of motor vehicle shall, not later than three (3) months prior to the introduction of any
new model of motor vehicle in the market, submit the specification of the new model and the rate of the MVUC under which the
new model shall fall. The LTO shall also release the proper classification of said new motor vehicle model on or before the scheduled
release of such new model to the market, but in no case later than three (3) months after its receipt of the new motor vehicle’s
specifications.

Section 6. Penalty for Overloading- An amount equivalent to twenty-five percent (25%) of the MVUC shall be imposed on trucks
and trailers for loading beyond their prescribed gross vehicle weight: provided, That no axle load shall exceed thirteen thousand five
hundred kilograms(13,5000kgs).

Section 7. Disposition of Monies Collected. All monies collected under this Act shall be earmarked solely and used exclusively (1) for
road maintenance and the improved of the road drainage, (2) for the installation of adequate and efficient traffic lights and road safety
devices, and (3) for the air pollution control.

All such monies collected shall be deposited in four (4) special trust accounts in the National Treasury, namely: (1) Special Road
Support Fund; (2) Special Local Road Fund; (3) Special Road Safety Fund; and (4) Special Vehicle Pollution Control Fund. The
distribution of collections under this Act shall be as follows:

1. Eighty percent (80%) shall be allotted to and placed in the Special Road Support Fund;
2. Five percent (5%) shall be allotted to and placed in the Special Local Road Fund;
3. Seven and one half percent (7.5%) shall be allotted to and placed in the Special Vehicle Pollution Control Fund.

The Special Road Support Fund, the Special Local Road Fund shall be under the DPWH, whereas the Special Vehicle Pollution
Control Fund shall be under the DOTC.

Seventy percent (70%) of the Special Road Support Fund shall be used for the maintenance of, and the improvement of drainage of
national primary roads. The remaining thirty- percent (30%) thereof shall be allocated and use for the maintenance, and improved of
drainage of national secondary roads throughout the country.

The cost of installation of adequate and efficient traffic lights and road safety devices throughout the country, where such traffic lights
and safety devices are needed, shall be taken from the Special Road safety devices.

A Road Board to implement the prudent and efficient management and utilization of the special funds shall be organized by the
President of the Philippines. The Road Board shall be composed of seven (7) members, with the secretary of the DPWH as exofficio
head, and the secretaries of the Department of Finance, Budget and management, and the Transportation and Communication, as ex
officio members. The remaining three (3) members shall come from transport and motorist organization, which have been in existence
and active for the last five (5) years prior to this Act. They shall be appointed for the term of two (2) years each by the President of the
Philippines upon the recommendation of the secretaries of the DPWH and the DOTC.

30
Section 8. Status of the Special Funds. - The four (4) special funds established under this Act shall be distinct and separate from and
in addition in any appropriation authorized and granted yearly to the DPWH and the DOTC. To cover expenditures for the identified
objects of expenditures under this Act. Congress shall continue to appropriate an amount in the General Appropriations Act for road
maintenance of the DPWH: Provided, however, That any savings for each year out of such appropriation shall revert to the General
Fund. Any savings from the special funds created herein shall accrue to these respective special funds.

Section 9. Implementing Rules and Regulation.-The secretaries of the DPWH and the DOTC shall jointly by thirty (30) days from the
effectivity of this Act, promulgate the rules and regulation to implement and carry out the intent , objectives, purposes and provisions
of this Act, including such structural and procedural improvement in the systems and agencies concerned as may be necessary to
ensure the prudent, wise, effective and efficient utilization of the special funds established under this Act: Provided, That the secretary
of the DPWH shall prepare the portion of their implementing rules and regulation pertaining to the Special Road Support Fund,
the Special Local Road Fund, and the Special Road Safety Fund, and the Secretary of the DOTC shall prepare the portion of the
implementing rules and regulation pertaining to the collection of the MVUC staffed under Section 3 of this Act and on the disposition
of the monies acquiring to the Special Pollution Control Fund.

Section 10. Prohibition Against the Imposition of Similar Charge on Users of Motor Vehicle.- No other Tax, fee or any other charge
of similar nature, as the Motor Vehicle User’s Charge shall be imposed by any political subdivision or unit in the country.
This provision shall apply to all motor vehicles, including tricycles, motorized pedicads and “trisikads”.

Section 11. Repealing Clause.-Except as provided under Section 3 hereof, all other provision of Executive Order No. 43,series of
1986, and section 8 of Republic Act No. 4136, as amended by Batas Pambansa Bilang 74, and all other laws, orders inssuance,
circulars, rules and regulation or parts thereof, which are inconsistent with the provision of this Act are hereby repealed or modified
Accordingly.

Section 12. Seperability Clause.- If any provision of this Act is declared unconstitutional or invalid, other parts or provision hereof
not affected thereby shall continue to be in full force and effect.

Section 13. Effectivity. - This Act shall take effect fifteen (15) days following its publication in at least two (2) newspapers of general
circulation.

REPUBLIC ACT NO. 10054


AN ACT MANDATING ALL MOTORCYCLE RIDERS TO WEAR STANDARD PROTECTIVE MOTORCYCLE HELMETS
WHILE DRIVING AND PROVIDING PENALTIES THEREFOR

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

Section 1. Short Title. - This Act shall be known as the “Motorcycle Helmet Act of 2009”.

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to secure and safeguard its citizenry, particularly the
operators or drivers of motorcycles and their passengers, from the ruinous and extremely injurious effects of fatal or life threatening
accidents and crashes. Towards this end, it shall pursue a more proactive and preventive approach to secure the safety of motorists,
their passengers and pedestrians at all times through the mandatory enforcement of the use of standard protective motorcycle helmet.

Section 3. Mandatory Use of Motorcycle Helmets. - All motorcycle riders, including drivers and back riders, shall at all times wear
standard protective motorcycle helmets while driving, whether long or short drives, in any type of road and highway.

Standard protective motorcycle helmets are appropriate types of helmets for motorcycle riders that comply with the specifications
issued by the Department of Trade and Industry (DTI).

31
The DTI shall issue guidelines, which should include the specifications regarding standard protective motorcycle helmets.
Section 4. Exemption. - Drivers of tricycles shall be exempted from complying with the mandatory wearing of motorcycle helmets
as provided in this Act.

Section 5. Provision of Motorcycle Helmets. - A new motorcycle helmet which bears the Philippine Standard (PS) mark or Import
Commodity Clearance (ICC) of the Bureau of Product Standards (BPS) and complies with the standards set by the BPS shall be made
available by every seller and/or dealer every time a new motorcycle unit is purchased and which the purchaser may buy at bis option.
Failure to comply with the requirements provided under this section shall constitute a violation of this Act.

Section 6. Implementation. - The Department of Transportation and Communications (DOTC), with its attached agency, the Land
Transportation Office (LTO), is mandated by this Act to issue guidelines necessary to implement the provisions of this Act.

The DTI, through the BPS, is mandated to utilize the United Nations Economic Commission for Europe (UNECE) Protocols with
regard to the standards that will be applicable to the approval or disapproval of motorcycle helmets that will be sold in the Philippines.
The DTI, through the BPS, shall conduct a mandatory testing of all manufactured and imported motorcycle helmets in the Philippines.
All manufacturers and importers of standard protective motorcycle helmets are required to secure a PS license or ICC prior to the sale
and distribution of their products. The BPS shall issue periodically a list of motorcycle helmet manufacturers and importers and the
brands which pass the standards of the BPS to be published in a newspaper of general circulation or in its website.
Upon the effectivity of this Act, only those standard protective motorcycle helmets bearing the PS or ICC mark shall be sold in the
market.

Section 7. Penalties. - (a) Any person caught not wearing the standard protective motorcycle helmet in violation of this Act shall be
punished with a fine of One thousand five hundred pesos (Php1,500.00) for the first offense; Three thousand pesos (Php3,000.00) for
the second offense; Five thousand pesos (Php5,000.00) for the third offense; and Ten thousand pesos (Php10,000.00) plus confiscation
of the driver’s license for the fourth and succeeding offenses.

(b) Any seller and/or dealer who violates Section 5 of this Act shall be punished with a fine of not lees than Ten thousand pesos
(Php10,000.00) but not more than Twenty thousand pesos (Php20,000.00).

(c) Any person who uses, sells and distributes substandard motorcycle helmets or those which do not bear the PS mark or the ICC
certificate shall be punished with a fine of not less than Three thousand pesos (Php3,000.00) for the first offense; and Five thousand
pesos (Php5,000.00) for the second offense, without prejudice to other penalties imposed in Republic Act No. 7394 or the “Consumer
Act of the Philippines”.

(d) Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the helmets shall be punished with a fine
of not less than Ten thousand pesos (Php10,000.00) but not more than Twenty thousand pesos (Php20,000.00), without prejudice to
other penalties imposed in Republic Act No. 7394 or the “Consumer Act of the Philippines”.

Section 8. Nationwide Public Information Campaign. - The LTO, in coordination with the Philippine Information Agency (PIA), the
Department of Education (DepED) and private agencies and organizations, shall undertake a nationwide information, education and
communication (IEC) campaign for a period of six (6) months for the attainment of the objective s of this Act.

Section 9. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remainder of this Act or the
provisions not otherwise affected shall remain valid and subsisting.

Section 10. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby
repealed or modified accordingly.

Section 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of
general circulation.

32
REPUBLIC ACT NO. 10586
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL, DANGEROUS DRUGS, AND
SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES

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

Section 1. Short Title. – This Act shall be known as the “Anti-Drunk and Drugged Driving Act of 2013″.
Section 2. Declaration of Policy. – Pursuant to the Constitutional principle that recognizes the protection of life and property and the
promotion of the general welfare as essential for the enjoyment of the blessing of democracy, it is hereby declared the policy of the
State to ensure road safety through the observance of the citizenry of responsible and ethical driving standards.

Towards this end, the State shall penalize the acts of driving under the influence of alcohol, dangerous drugs and other intoxicating
substances and shall inculcate the standards of safe driving and the benefits that may be derived from it through institutional programs
and appropriate public information strategies.

Section 3. Definition of Terms. – For purposes of this Act:

(a) Alcohol refers to alcoholic beverages classified into beer, wine and distilled spirits, the consumption of which produces intoxication.

(b) Breath analyzer refers to the equipment which can determine the blood alcohol concentration level of a person through testing of
his breath.

(c) Chemical tests refer to breath, saliva, urine or blood tests to determine the blood alcohol concentration level and/or positive
indication of dangerous drugs and similar substances in a person’s body.

(d) Dangerous drugs and other similar substances refer to drugs listed in the schedules annexed to the 1961 Single Convention on
Narcotics Drugs, as amended by the 1972 Protocol, and in the schedules annexed to the 1971 Single Convention of Psychotropic
Substances as enumerated in its attachment which is an integral part of Republic Act No. 9165, otherwise known as the “Comprehensive
Dangerous Drugs Act of 2002″ and those that the Board may reclassify, add to or remove from the list of dangerous drugs.

(e) Driving under the influence of alcohol refers to the act of operating a motor vehicle while the driver’s blood alcohol concentration
level has, after being subjected to a breath analyzer test, reached the level of intoxication, as established jointly by the Department of
Health (DOH), the National Police Commission (NAPOLCOM) and the Department of Transportation and Communications (DOTC).

(f) Driving under the influence of dangerous drugs and other similar substances refers to the act of operating a motor vehicle while
the driver, after being subjected to a confirmatory test as mandated under Republic Act No. 9165, is found to be positive for use of
any dangerous drug.

(g) Field sobriety tests refer to standardized tests to initially assess and determine intoxication, such as the horizontal gaze nystagmus,
the walk-and-turn, the one-leg stand, and other similar tests as determined jointly by the DOH, the NAPOLCOM and the DOTC.

(h) Motor vehicle refers to any land transportation vehicle propelled by any power other than muscular power.

(i) Motor vehicles designed to carry hazardous materials refer to those designed to carry or transport materials which may endanger
health and lives of the public.

(j) Public utility vehicles refer to motor vehicles for hire and used to carry or transport passengers or goods.

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Section 4. Driver’s Education. – Every applicant for a motor vehicle driver’s license shall complete a course of instruction that
provides information on safe driving including, but not limited to, the effects of the consumption of alcoholic beverages on the ability
of a person to operate a motor vehicle, the hazards of driving under the influence of alcohol, dangerous drugs and/or other similar
substances, and the penalties attached for violation thereof.

For professional drivers, every applicant for a driver’s license or those applying for renewal thereof shall undergo the driver’s
education herein stated.

The driver’s license written examination shall include questions concerning the effects of alcohol and drug intoxication on the ability
of a person to operate a motor vehicle and the legal and pecuniary consequences resulting from violation of the provisions of this Act.
Section 5. Punishable Act. – It shall be unlawful for any person to drive a motor vehicle while under the influence of alcohol,
dangerous drugs and/or other similar substances.

Section 6. Conduct of Field Sobriety, Chemical and Confirmatory Tests. – A law enforcement officer who has probable cause to
believe that a person is driving under the influence of alcohol, dangerous drugs and/or other similar substances by apparent indications
and manifestations, including overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination or the evident smell
of alcohol in a person’s breath or signs of use of dangerous drugs and other similar substances, shall conduct field sobriety tests.

If the driver fails in the sobriety tests, it shall be the duty of the law enforcement officer to implement the mandatory determination of
the driver’s blood alcohol concentration level through the use of a breath analyzer or similar measuring instrument.

If the law enforcement officer has probable cause to believe that a person is driving under the influence of dangerous drugs and/
or other similar substances, it shall be the duty of the law enforcement officer to bring the driver to the nearest police station to be
subjected to a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165.
Law enforcement officers and deputized local traffic enforcement officers shall be responsible in implementing this section.

Section 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular Accidents. – A driver of a motor vehicle
involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests, including
a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165, to determine the presence
and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body.

Section 8. Refusal to Subject Oneself to Mandatory Tests. – A driver of a motor vehicle who refuses to undergo the mandatory field
sobriety and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and automatic revocation of his or
her driver’s license, in addition to other penalties provided herein and/or other pertinent laws.

Section 9. Acquisition of Equipment. – Within four (4) months from the effectivity of this Act, the Land Transportation Office
(LTO) and the Philippine National Police (PNP) shall acquire sufficient breath analyzers and drug-testing kits to be utilized by law
enforcement officers and deputized local traffic enforcement officers nationwide giving priority to areas with high reported occurrences
of accidents. For purposes of acquiring these equipment and for the training seminars indicated in Section 10 hereof, the LTO shall
utilize the Special Road Safety Fund allotted for this purpose as provided under Section 7 of Republic Act No. 8794, entitled: “An
Act Imposing a Motor Vehicle User’s Charge on Owners of All Types of Motor Vehicles and for Other Purposes”. Additional yearly
appropriations for the purchase of breath analyzers and drug-testing kits shall be provided annually under the General Appropriations
Act.

Section 10. Deputation. – The LTO may deputize traffic enforcement officers of the PNP, the Metropolitan Manila Development
Authority (MMDA) and cities and municipalities in order to enforce the provisions of this Act.

34
Section 11. Law Enforcement Officer Education. – The LTO and the PNP shall conduct training seminars for their law enforcers and
deputies with regard to the proper conduct of field sobriety tests and breath analyzer tests every year. Within four (4) months from
the effectivity of this Act, the LTO shall publish the guidelines and procedures for the proper conduct of field sobriety tests, which
guidelines shall be made available to the public and made available for download through the official LTO website.

Section 12. Penalties. – A driver found to have been driving a motor vehicle while under the influence of alcohol, dangerous drugs
and/or other similar substances, as provided for under Section 5 of this Act, shall be penalized as follows:

(a) If the violation of Section 5 did not result in physical injuries or homicide, the penalty of three (3) months imprisonment, and a fine
ranging from Twenty thousand pesos (Php20,000.00) to Eighty thousand pesos (Php80,000.00) shall be imposed;

(b) If the violation of Section 5 resulted in physical injuries, the penalty provided in Article 263 of the Revised Penal Code or the
penalty provided in the next preceding subparagraph, whichever is higher, and a fine ranging from One hundred thousand pesos
(Php100,000.00) to Two hundred thousand pesos (Php200,000.00) shall be imposed;

(c) If the violation of Section 5 resulted in homicide, the penalty provided in Article 249 of the Revised Penal Code and a fine ranging
from Three hundred thousand pesos (Php300,000.00) to Five hundred thousand pesos (Php500,000.00) shall be imposed; and

(d) The nonprofessional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and
suspended for a period of twelve (12) months for the first conviction and perpetually revoked for the second conviction. The
professional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and perpetually
revoked for the first conviction. The perpetual revocation of a driver’s license shall disqualify the person from being granted any kind
of driver’s license thereafter.

The prosecution for any violation of this Act shall be without prejudice to criminal prosecution for violation of the Revised Penal
Code, Republic Act No. 9165 and other special laws and existing local ordinances, whenever applicable.

Section 13. Direct Liability of Operator and/or Owner of the Offending Vehicle. – The owner and/or operator of the vehicle driven by
the offender shall be directly and principally held liable together with the offender for the fine and the award against the offender for
civil damages unless he or she is able to convincingly prove that he or she has exercised extraordinary diligence in the selection and
supervision of his or her drivers in general and the offending driver in particular.

This section shall principally apply to the owners and/or operators of public utility vehicles and commercial vehicles such as delivery
vans, cargo trucks, container trucks, school and company buses, hotel transports, cars or vans for rent, taxi cabs, and the like.

Section 14. Nationwide Information Campaign. – Within one (1) month from the promulgation of the implementing rules and
regulations as provided under Section 17 hereof, the Philippine Information Agency (PIA), in coordination with the LTO, the local
government units (LGUs) and other concerned agencies, shall conduct information, education and communication (IEC) campaign
for the attainment of the objectives of this Act.

Section 15. Nationwide Random Terminal Inspection and Quick Random Drug Tests. – The LTO shall conduct random terminal
inspections and quick random drug tests of public utility drivers. The cost of such tests shall be defrayed by the LTO.

Section 16. Review of Penalties. – The LTO shall, after five (5) years from the effectivity of this Act and every five (5) years thereafter,
review the applicability and enforcement of all foregoing pecuniary penalties and shall initiate amendment and/or upgrade the same
as may be necessary, subject to the approval of the Secretary of the DOTC.1âwphi1

Section 17. Implementing Rules and Regulations. – The DOTC, the DOH and the NAPOLCOM shall, within three (3) months from
the effectivity of this Act, jointly promulgate the necessary implementing rules and regulations to carry out the provisions of this Act.

35
Section 18. Separability Clause. – If, for any reason, any part or provision of this Act is declared invalid, such declaration shall not
affect the other provisions of this Act.

Section 19. Repealing Clause. – Subparagraph (f), Section 56, Article 1 of Republic Act No. 4136, otherwise known as the “Land
Transportation and Traffic Code”, as amended; subparagraph (f), Section 5 of Republic Act No. 7924, otherwise known as “An Act
Creating the Metropolitan Manila Development Authority, Defining its Powers and Functions, Providing Funds Therefor and for
Other Purposes;” subparagraph (a), Section 36 of Republic Act No. 9165; and all other laws, orders, issuances, circulars, rules and
regulations or parts thereof which are inconsistent with any provision of this Act are hereby repealed or modified accordingly.

Section 20. Effectivity. – This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in two (2)
national newspapers of general circulation.

REPUBLIC ACT NO. 10666


AN ACT PROVIDING FOR THE SAFETY OF CHILDREN ABOARD MOTORCYLES

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

Section 1. Short Title. – This Act shall be known as “Children’s Safety on Motorcycles Act of 2015”.

Section 2. Declaration of Policy. – It is the policy of the State to defend the right of children to assistance, including proper care
and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their
development.

Towards this end, the State shall pursue a more proactive and preventive approach to secure the safety of passengers, especially
children, by regulating the operation of motorcycles along roads and highways.

Section 3. Definitions. – For purposes of this Act, the following terms shall mean:

(a) Motorcycle refers to any two (2)-wheeled motor vehicle having one (1) or two (2) riding saddles;

(b) Public roads refer to roads designed by the national government or local government units as roads for public use such as, but not
limited to, national highways, provincial roads, city, municipal and barangay streets;

(c) Foot peg refers to a flat form attached to the motorcycles on which to stand or brace the feet; and

(d) Rider refers to the driver of a motorcycle.

Section 4. Prohibition. – It shall be unlawful for any person to drive a two (2)-wheeled motorcycle with a child on board on public
roads where there is heavy volume of vehicles, there is a high density of fast moving vehicles or where a speed limit of more than 60/
kph is imposed, unless:

(a) The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;
(b) The child’s arms can reach around and grasp the waist of the motorcycle rider; and
(c) The child is wearing a standard protective helmet referred to under Republic Act No. 10054, otherwise known the “Motorcycle
Helmet Act of 2009.”

Section 5. Exception. – Notwithstanding the prohibition provided in the preceding section, this Act shall not apply to cases where the
child to be transported requires immediate medical attention.

36
Section 6. Penalties. – Any person who operates a motorcycle in violation of Section 4 of this Act shall be fined with an amount of
three thousand pesos (P3,000.00) for the first offense; five thousand pesos (P5,000.00) for the second offense; and ten thousand pesos
(P10,000.00) for the third and succeeding offenses.

Moreover, for the third offense, the driver’s license of the offender shall be suspended for a period of one (1) month.
Violation of these provisions beyond the third time shall result to automatic revocation of the offender’s driver’s license.
Section 7. Review of Penalties. – The Land Transportation Office (LTO) is hereby empowered to increase or adjust the amounts of
fines herein imposed: Provided, That:

(a) The increase or adjustment is made after public consultation once every three (3) years from the effectivity of this Act and in the
amount not exceeding twenty percent (20%) of the amounts sought to be increased or adjusted;

(b) A thorough study has been conducted indicating that the existing amounts are no longer an effective deterrent;

(c) Current relevant economic indices, such as the Consumer Price Index (CPI), have been considered in the determination of the
increase or adjustment; and

(d) The increases or adjustment shall only become effective fifteen (15) days after its publication in two (2) newspapers of general
circulation.

Section 8. Qualifying Circumstances. – If, in violation of the provisions of this Act, death shall have resulted or serious or less serious
injuries shall have been inflicted upon the child or any other person, a penalty of one (1) year imprisonment shall be imposed upon the
motorcycle rider or operator of the motorcycle involved without prejudice to the penalties provided under Act No. 3815, otherwise
known as “The Revised Penal Code of the Philippines”, as amended.

Section 9. Authority to Deputize Traffic Enforcers and Local Government Units (LGUs). — To effectively implement the provisions
of this Act, the LTO is hereby given the authority to deputize members of the Philippine National Police (PNP), the Metropolitan
Manila Development Authority (MMDA) and the LGUs to carry out enforcement functions and duties.

Section 10. Public Information Campaign. – Not later than thirty (30) days following the promulgation of the Implementing Rules and
Regulations (IRR) of this Act, the LTO, in coordination with the Philippine Information Agency (PIA), the Department of Education
(DepED) and concerned private organizations and agencies, shall undertake a nationwide information and education campaign for a
period of three (3) months on the important provisions of this Act and its IRR.

Thereafter, the aforementioned agencies shall include the essential provisions of this Act in their respective annual communications
programs.1âwphi1

Section 11. Implementing Rules and Regulations. – As the lead agency, the LTO shall formulate the IRR of this Act within ninety (90)
days after its effectivity.

Section 12. Separability Clause. – If for any reason any section or provision of this Act is declared unconstitutional, other provisions
hereof which are not affected thereby shall continue to be in full force and effect.

Section 13. Repealing Clause. – All laws, decrees, or rules and regulations which are inconsistent with or contrary to the provisions
of this Act are hereby amended or repealed.

Section 14. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) national
newspapers of general circulation.

37
REPUBLIC ACT NO. 10913
AN ACT DEFINING AND PENALIZING DISTRACTED DRIVING

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

Section 1. Short Title. – This Act shall be known as the “Anti-Distracted Driving Act”.

Sec. 2. Declaration of Policy. – It is hereby declared the policy of the State to safeguard its citizenry from the ruinous and extremely
injurious effects of vehicular accidents.

While the State recognizes the vital roles of information and communications technology in nation-building, the State also takes
cognizance of the inimical consequences of the unrestrained use of electronic mobile devices on road safety as to cause its regulation.

Sec. 3. Definition of Terms. – As used in this Act:

(a) Diplomatic motor vehicle – any motor vehicle leased or owned by a foreign mission and its staff for their official use;

(b) Electronic entertainment and computing device – any handheld electronic device capable of digital information processing,
recording, capturing or displaying and computing operations such as, but not limited to, laptop, computers, tablets, video game
consoles and calculators;

(c) Government motor vehicle – any motor vehicle owned by the national government or any of its agencies, instrumentalities or
political subdivisions, including government-owned or -controlled corporations or their subsidiaries for official use;
(d) Implementing agency – the Department of Transportation and Communications-Land Transportation Office (DOTC-LTO);

(e) Mobile communications devices – electronic communications equipment such as, but not limited to, cellular phones, wireless
telephones, two-way radio transceivers, pagers and other similar devices capable of transmitting, receiving, or both, of encrypted data
and/or signals through wireless electronic or any other similar means;

(f) Motor vehicle – engine-driven vehicles such as, but not limited to, automobiles, trucks, vans, buses, jeeps, motorcycles and
tricycles;

(g) Motorist – a person driving a motor vehicle;

(h) Private motor vehicle – any motor vehicle owned by individuals and juridical persons for private use; and

(i) Public motor vehicle – a motor vehicle with a valid franchise issued by the appropriate government agency to operate as a public
utility vehicle or any vehicle for hire.

Sec. 4. Distracted Driving. – Subject to the qualifications in Sections 5 and 6 of this Act, distracted driving refers to the performance
by a motorist of any of the following acts in a motor vehicle in motion or temporarily stopped at a red light, whether diplomatic, public
or private, which are hereby declared unlawful;

(a) Using a mobile communications device to write, send, or read a text-based communication or to make or receive calls, and other
similar acts; and

(b) Using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read
e-books, perform calculations, and other similar acts.

38
Sec. 5. Extent of Coverage. – (a) The operation of a mobile communications device is not considered to be distracted driving if done
using the aid of a hands-free function or similar device such as, but not limited to, a speaker phone, earphones and microphones or
other similar devices which allow a person to make and receive calls without having to hold the mobile communications device:
Provided, That the placement of the mobile communications device or the hands-free device does not interfere with the line of sight
of the driver.

(b) Wheeled agricultural machineries such as tractors and construction equipment such as graders, rollers, backhoes, pay loaders,
cranes, bulldozers, mobile concrete mixers and the like, and other forms of conveyances such as bicycles, pedicabs, habal-habal ,
trolleys, “kuligligs”, wagons, carriages, carts, sledges, chariots or the like, whether animal or human-powered, are covered by the
provisions of this Act as long as the same are operated or driven in public thorough fares, highways or streets or under circumstances
where public safety is under consideration.

(c) The provisions of this Act shall not apply to motorists of motor vehicles which are not in motion, except those which are stopped
momentarily at a red light, or are pulled over to the side of the road in compliance with a traffic regulation.

Sec. 6. Exemptions. – The provisions of this Act shall not apply to the following:

(a) A motorist using a mobile phone for emergency purposes, including, but not limited to, an emergency call to a law enforcement
agency, health care provider, fire department, or other emergency services, agency or entity; and

(b) A motorist using a mobile phone while operating an emergency vehicle such as an ambulance, a fire truck, and other vehicles
providing emergency assistance, in the course and scope of his or her duties.

Sec. 7. Nationwide Public Information Campaign. – The DOTC-LTO, in coordination with the Philippine Information Agency
(PIA), the Department of Education (DepEd), the Department of the Interior and Local Government (DILG), the Philippine National
Police (PNP) and private agencies and organizations shall undertake a nationwide information, education and communication (IEC)
campaign for a period of six (6) months from the effectivity of this Act.

Sec. 8. Penalties. – Any person who shall violate any provision of this Act shall be penalized with:

(a) A fine of five thousand pesos (P5,000.00) for the first offense;

(b) A fine of ten thousand pesos (P10,000.00) for the second offense;

(c) A fine of fifteen thousand pesos (P15,000.00) and suspension of driver’s license for three (3) months for the third offense; and

(d) A fine of twenty thousand pesos (P20,000.00) and revocation of driver’s license: Provided, That the implementing agency may
increase the amount of fine herein imposed once every five (5) years in the amount not exceeding ten percent (10%) of the existing
rates sought to be increased which shall take effect only upon publication in at least two (2) newspapers of general circulation:
Provided, further, That a driver of a public utility vehicle, a school bus, a school service vehicle, a common carrier hauling volatile,
flammable or toxic material, or a driver who commits an act classified herein as distracted driving within a fifty (50)-meter radius
from the school premises shall be subject to a penalty of thirty thousand pesos (P30,000.00) and suspension of one’s driver’s license
for three (3) months.

The foregoing penalties shall be imposed without prejudice to other liabilities under the Revised Penal Code or any special law,
arising out or on occasion of the herein prohibited acts.

39
Sec. 9. Liability of Owner and/or Operator of the Vehicle Driven by the Offender. – The owner and/or operator of the vehicle driven by
the offender shall be directly and principally held liable together with the offender for the fine unless he or she is able to convincingly
prove that he or she has exercised extraordinary diligence in the selection and supervision of his or her drivers in general and the
offending driver in particular.

This section shall principally apply to the owners and/or operators of public utility vehicles and commercial vehicles such as delivery
vans, cargo trucks, container trucks, school and company buses, hotel transports, cars or vans for rent, taxi cabs, and the like.

Sec. 10. Enforcement and Assistance by Other Agencies. – The Metro Manila Development Authority (MMDA), the PNP and other
concerned government agencies and instrumentalities shall be responsible for the enforcement of the foregoing provisions and shall
render such assistance as may be required by the DOTC-LTO in order to effectively implement the provisions of this Act.

Sec. 11. Implementing Rules and Regulations. – The DOTC-LTO shall promulgate the necessary implementing rules and regulations
within sixty (60) days from the effectivity of this Act.

Sec. 12. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule
or regulation contrary to, or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

Sec. 13. Separability Clause. – If, for any reason, any part or provision of this Act is declared invalid, such declaration shall not affect
the other provisions of this Act.

Sec. 14. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general
circulation.

REPUBLIC ACT NO. 10913


]AN ACT DEFINING AND PENALIZING DISTRACTED DRIVING

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

Section 1. Short Title. – This Act shall be known as the “Anti-Distracted Driving Act”.

Sec. 2. Declaration of Policy. – It is hereby declared the policy of the State to safeguard its citizenry from the ruinous and extremely
injurious effects of vehicular accidents.

While the State recognizes the vital roles of information and communications technology in nation-building, the State also takes
cognizance of the inimical consequences of the unrestrained use of electronic mobile devices on road safety as to cause its regulation.

Sec. 3. Definition of Terms. – As used in this Act:

(a) Diplomatic motor vehicle – any motor vehicle leased or owned by a foreign mission and its staff for their official use;

(b) Electronic entertainment and computing device – any handheld electronic device capable of digital information processing,
recording, capturing or displaying and computing operations such as, but not limited to, laptop, computers, tablets, video game
consoles and calculators;

(c) Government motor vehicle – any motor vehicle owned by the national government or any of its agencies, instrumentalities or
political subdivisions, including government-owned or -controlled corporations or their subsidiaries for official use;

(d) Implementing agency – the Department of Transportation and Communications-Land Transportation Office (DOTC-LTO);

40
(e) Mobile communications devices – electronic communications equipment such as, but not limited to, cellular phones, wireless
telephones, two-way radio transceivers, pagers and other similar devices capable of transmitting, receiving, or both, of encrypted data
and/or signals through wireless electronic or any other similar means;

(f) Motor vehicle – engine-driven vehicles such as, but not limited to, automobiles, trucks, vans, buses, jeeps, motorcycles and
tricycles;

(g) Motorist – a person driving a motor vehicle;

(h) Private motor vehicle – any motor vehicle owned by individuals and juridical persons for private use; and

(i) Public motor vehicle – a motor vehicle with a valid franchise issued by the appropriate government agency to operate as a public
utility vehicle or any vehicle for hire.

Sec. 4. Distracted Driving. – Subject to the qualifications in Sections 5 and 6 of this Act, distracted driving refers to the performance
by a motorist of any of the following acts in a motor vehicle in motion or temporarily stopped at a red light, whether diplomatic, public
or private, which are hereby declared unlawful;

(a) Using a mobile communications device to write, send, or read a text-based communication or to make or receive calls, and other
similar acts; and

(b) Using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read
e-books, perform calculations, and other similar acts.

Sec. 5. Extent of Coverage. – (a) The operation of a mobile communications device is not considered to be distracted driving if done
using the aid of a hands-free function or similar device such as, but not limited to, a speaker phone, earphones and microphones or
other similar devices which allow a person to make and receive calls without having to hold the mobile communications device:
Provided, That the placement of the mobile communications device or the hands-free device does not interfere with the line of sight
of the driver.

(b) Wheeled agricultural machineries such as tractors and construction equipment such as graders, rollers, backhoes, pay loaders,
cranes, bulldozers, mobile concrete mixers and the like, and other forms of conveyances such as bicycles, pedicabs, habal-habal ,
trolleys, “kuligligs”, wagons, carriages, carts, sledges, chariots or the like, whether animal or human-powered, are covered by the
provisions of this Act as long as the same are operated or driven in public thorough fares, highways or streets or under circumstances
where public safety is under consideration.

(c) The provisions of this Act shall not apply to motorists of motor vehicles which are not in motion, except those which are stopped
momentarily at a red light, or are pulled over to the side of the road in compliance with a traffic regulation.

Sec. 6. Exemptions. – The provisions of this Act shall not apply to the following:

(a) A motorist using a mobile phone for emergency purposes, including, but not limited to, an emergency call to a law enforcement
agency, health care provider, fire department, or other emergency services, agency or entity; and

(b) A motorist using a mobile phone while operating an emergency vehicle such as an ambulance, a fire truck, and other vehicles
providing emergency assistance, in the course and scope of his or her duties.

Sec. 7. Nationwide Public Information Campaign. – The DOTC-LTO, in coordination with the Philippine Information Agency
(PIA), the Department of Education (DepEd), the Department of the Interior and Local Government (DILG), the Philippine National
Police (PNP) and private agencies and organizations shall undertake a nationwide information, education and communication (IEC)
campaign for a period of six (6) months from the effectivity of this Act.

41
Sec. 8. Penalties. – Any person who shall violate any provision of this Act shall be penalized with:

(a) A fine of five thousand pesos (P5,000.00) for the first offense;

(b) A fine of ten thousand pesos (P10,000.00) for the second offense;

(c) A fine of fifteen thousand pesos (P15,000.00) and suspension of driver’s license for three (3) months for the third offense; and

(d) A fine of twenty thousand pesos (P20,000.00) and revocation of driver’s license: Provided, That the implementing agency may
increase the amount of fine herein imposed once every five (5) years in the amount not exceeding ten percent (10%) of the existing
rates sought to be increased which shall take effect only upon publication in at least two (2) newspapers of general circulation:
Provided, further, That a driver of a public utility vehicle, a school bus, a school service vehicle, a common carrier hauling volatile,
flammable or toxic material, or a driver who commits an act classified herein as distracted driving within a fifty (50)-meter radius
from the school premises shall be subject to a penalty of thirty thousand pesos (P30,000.00) and suspension of one’s driver’s license
for three (3) months.

The foregoing penalties shall be imposed without prejudice to other liabilities under the Revised Penal Code or any special law,
arising out or on occasion of the herein prohibited acts.

Sec. 9. Liability of Owner and/or Operator of the Vehicle Driven by the Offender. – The owner and/or operator of the vehicle driven by
the offender shall be directly and principally held liable together with the offender for the fine unless he or she is able to convincingly
prove that he or she has exercised extraordinary diligence in the selection and supervision of his or her drivers in general and the
offending driver in particular.

This section shall principally apply to the owners and/or operators of public utility vehicles and commercial vehicles such as delivery
vans, cargo trucks, container trucks, school and company buses, hotel transports, cars or vans for rent, taxi cabs, and the like.

Sec. 10. Enforcement and Assistance by Other Agencies. – The Metro Manila Development Authority (MMDA), the PNP and other
concerned government agencies and instrumentalities shall be responsible for the enforcement of the foregoing provisions and shall
render such assistance as may be required by the DOTC-LTO in order to effectively implement the provisions of this Act.

Sec. 11. Implementing Rules and Regulations. – The DOTC-LTO shall promulgate the necessary implementing rules and regulations
within sixty (60) days from the effectivity of this Act.

Sec. 12. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule
or regulation contrary to, or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

Sec. 13. Separability Clause. – If, for any reason, any part or provision of this Act is declared invalid, such declaration shall not affect
the other provisions of this Act.

Sec. 14. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general
circulation.

42
REPUBLIC ACT NO. 10916
An Act Requiring the Mandatory Installation of Speed Limiter in Public Utility and Certain Types of Vehicle

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Short Title. - This Act shall be known as the “Road Speed Limiter Act of 2016”.

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to maintain at all times the safety and protection of the
public. Towards this end, it shall pursue a more proactive and preventive approach to secure the safety of passengers and public in
general on roads and highways. It shall implement measures to safeguard them from any speed-related road accidents which are not
only causing fatalities but also damage to properties.

Section 3. Definition of Terms. - As used in this Act:

(a) Closed van refers to a large motor vehicle, usually with an enclosed cargo space, designed to carry goods for commercial purposes,
or engaged in services of transporting personal effects;

(b) Covered vehicle refers to any closed van, hauler or cargo trailer, PUV, shuttle service, or tanker truck as defined under this section
and such other vehicles as may hereinafter be determined and included by the Department of Transportation and Communications
(DOTC) for the purpose of applying the provisions of this Act; excluding taxicabs, and public utility jeepneys (PUJs), without
prejudice to the review by the DOTC after one (1) year on the necessity of their inclusion in the coverage of this Act;

(c) Hauler or Cargo trailer refers to a motor vehicle designed for transporting heavy or oversized loads or cargoes;

(d) Public utility vehicle (PUV) refers to a motor vehicle considered as a public transport conveyance or common carrier duly
registered with the Land Transportation Office (LTO) and granted a franchise by the Land Transportation Franchising and Regulatory
Board (LTFRB);

(e) Shuttle service refers to any motor vehicle provided by government or private company or establishment to transport its employees
to and from the work premises or clients between designated origin and destination and carrying not less than four (4) passengers;

(f) Speed limiter refers to a device used to limit the top speed of a vehicle through the employment of mechanical, electronic or
communications system or the combination of these systems or similar devices capable of performing the same function;

(g) Tampering refers to an act of recalibrating, reprogramming, resetting or reconfiguring a speed limiter installed in any covered
vehicle and already sealed by the LTO or LTFRB after due inspection in such a way as to circumvent its functions or the purposes for
which it is intended. The act of calibrating, reprogramming, resetting or reconfiguring a speed limiter installed in any covered vehicle
without the supervision of the LTO or LTFRB as required under Section 5 of this Act shall be considered tampering; and

(h) Tanker truck refers to a motor vehicle designed for transporting or carrying gas, oil or liquid, flammable, combustible, corrosive
or hazardous materials or substances in bulk.

Section 4. Mandatory Installation of Speed Limiter. - No covered vehicle, following the effectivity of this Act, shall be allowed to run
in any road, street or highway in the Philippines without a standard speed limiter in accordance with the standards and specifications
approved by the DOTC; Provided, That in case of vehicles which are already registered with any appropriate agency, this requirement
shall be complied with not later than eighteen (18) months from the effectivity of this Act.

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Section 5. No Speed Limiter, No Registration. - No covered vehicle shall be registered by the LTO or given a franchise by the LTFRB
without the standard speed limiter installed and set in the vehicle in compliance with Section 4 and Section 6 hereof.

Section 6. Setting of Standard. - The DOTC shall, in accordance with acceptable international standards, determine the specifications
of the speed limiters that may be allowed to be installed in the covered vehicles. The LTO or the LTFRB, shall supervise and inspect
the setting of speed limiter corresponding to the maximum allowed in the route plied by a particular covered vehicle.

Section 7. Accreditation. - The Department of Trade and Industry (DTI) shall accredit persons, establishments or institutions
producing, manufacturing or distributing speed limiters in accordance with the specifications and standards as may be determined by
the DOTC.1âwphi1 For this purpose, the DTI shall issue the necessary certification attesting compliance with such specifications and
standards as a prerequisite for registration.

Section 8. Implementing Rules and Regulations. - The DOTC, in coordination with the LTO, LTFRB, DTI and the Department of
Science and Technology, and in consultation with private stakeholders, shall formulate and promulgate the necessary implementing
rules and regulations of this Act within sixty (60) days upon the effectivity of this Act.

Section 9. Fines/Penalties. - (a) The driver who operates a motor vehicle covered by this Act or the owner or operator who allows
such driver to operate without the speed limiter herein required shall suffer a fine in the amount of fifty thousand pesos (₱50,000.00).
(b) The same fine shall be imposed upon the driver, owner or operator who operates or allows a person to operate a motor vehicle with
a nonfunctioning or tampered speed limiter.

In addition to the above fines, a suspension of the driver’s license for a period of one (1) month or franchise of a motor vehicle for a
period of three (3) months, as the case may be, shall be imposed upon the offender who commits the abovementioned violations for
the first time.

For the commission of any of the foregoing prohibited acts for the second time, the driver’s license of the offender shall be suspended
for a period of three (3) months or the franchise of a motor vehicle shall be suspended for a period of six (6) months, as the case may
be. in addition to the fines herein imposed.

For the subsequent commission of any of the foregoing prohibited acts, the driver’s license of the offender shall be revoked or the
franchise of a motor vehicle shall be suspended for a period of one (1) year, as the case may be, in addition to the fines herein imposed.
(c) Any person who is found guilty of tampering as defined in this Act shall suffer a penalty of imprisonment of not less than six (6)
months but not more than three (3) years and a fine of thirty thousand pesos (₱30,000.00).

The provision of this section shall be applied without prejudice to criminal prosecution or civil action under existing applicable laws.

Section 10. Appropriations. - The initial amount necessary to implement the provisions of this Act shall be charged against the current
year’s appropriation of the DOTC. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be
included in the annual General Appropriations Act.

Section 11. Separability Clause. - If any provision of this Act is held invalid or unconstitutional, other provisions not affected thereby
shall continue to be in full force and effect.

Section 12. Repealing Clause. - All laws, decrees, executive orders or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

Section 13. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a national
newspaper of general circulation.

44
REPUBLIC ACT NO. 11229
An Act Providing for the Special Protection of Child Passengers in Motor Vehicles and Appropriating Funds Therefor

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Short Title. - This Act shall known as the “Child Safety in Motor Vehicles Act”.

Section 2. Declaration of Policy. - It is the policy of the State to ensure the safety of children while being transported in any form of
motor vehicle. The State recognizes the right of children to assistance, including proper; care, and special protection from all forms of
neglect, abuse and other conditions prejudicial to their development, including exposure to safety risks while aboard motor vehicles.
In order to guarantee the safety and welfare of infants and children and prevent traffic-related deaths and injuries., there is a need
to adequately, consistently and objectively require, regulate, promote, and inform the public on the use of child restraint systems in
motor vehicles and provide access to safe, appropriate, quality and affordable child restraint systems, in accordance with international
standards accepted by the United Nations.

Furthermore, there is also a need to study and determine appropriate safety measures for children being transported in public utility
vehicles.

Section 3. Definition of Terms. - For purpose of this Act, the term:

(a) Adult refers to any person eighteen (18) years old and above;
(b) Child refers to any person twelve (12) years old and below;
(c) Covered vehicle refers to any private motor vehicle or public motor vehicle upon the determination of the Department of
Transportation (DOTr) in accordance with Section 12 of this Act;

(d) Motor vehicle shall refer to both private and public motor vehicles. The term shall not include the tricycle and motorcycle;

(e) Private motor vehicle shall refer to any of the following:

(1) Any motor vehicle owned by individuals and juridical persons for private use;
(2) Any motor vehicle owned by the National Government or any of its agencies, instrumentalities or political subdivisions, including
government-owned or -controlled corporations or their subsidiaries for official use; and
(3) Any diplomatic vehicle.
(f) Public motor vehicle shall refer to public utility vehicle or vehicle for hire;

(g) Driver refers to the individual operating a motor vehicle; and

(h) Child Restraint System refers to a device, approved in accordance with Section 6 of this Act, capable of accommodating a child
occupant in a sitting or supine position. It is so designed as to diminish the risk of injury to the wearer, in the event of a collision or of
abrupt deceleration of the vehicle, by limiting the mobility of the child’s body.

Section 4. Mandatory Use of Child Restraint System in Motor Vehicles. It shall be unlawful for the driver of a covered vehicle not to
properly secure at all times a child, in a child restraint system while the engine is running or transporting such child on any road, street
or highway unless the child is at least one hundred fifty (150) centimeters or fifty-nine (59) inches in height and is properly secured
using the regular seat belt. The child restraint system shall be appropriate to the child’s age, height and weight,

and approved in accordance with Section 6 of this Act.The requirements of this section shall not apply to circumstances where the
child restraint system would put such child in a greater danger, such as:

45
(1) During medical emergencies;
(2) When the child transported has a medical or developmental condition; or
(3) Other analogous circumstances prescribed under the implementing rules and regulations (IRR).

Notwithstanding the child being secured in a child restraint system, at no instance shall such child be left unaccompanied by an adult
in a motor vehicle.

Section 5. Children in Rear Seats. - No child twelve (12) years and below of age shall be allowed to sit in a front seat of a motor
vehicle with a running engine or while such child is being transported on any road, street or highway, unless the child meets the height
requirement set forth in Section 4 of this Act and is properly secured using the regular seat belt in the front seat.

Section 6. Safety Standards for Child Restraint Systems. - The Department of Trade and Industry (DTI) is mandated to use standards
set forth in United Nations Regulation 44 and United Nations Regulation 129 including its evolving standards and other acceptable
international standards in the approval or disapproval of child restraint systems that will be manufactured, sold, distributed and used in
the Philippines. Such standards shall be periodically updated based on current United Nations Regulations concerning Child Restraint
Systems.

All manufacturers, importers, distributors and sellers of child restraint systems are required to secure from the Bureau of Product
Standards (BPS) a Philippine Standards (PS) mark license or Import Clearance Certificate (ICC) license prior to the marketing, sale
and distribution of their products. The BPS shall issue periodically a list of child restraint systems manufacturers, importers and
distributors, and the brands which pass its standards to be published in a newspaper of general circulation or in its website.

The use of child restraint system acquired prior to the effectivity of this Act shall be allowed: Provided, That such device is not expired.

Section 7. Prohibition on Substandard or Expired Child Restraint System. - It shall be unlawful for any person, company, partnership,
sole proprietorship, manufacturer, distributor, and/or importer to manufacture, use, import, sell, distribute, donate, lease, advertise,
promote, or otherwise market the use of substandard or expired child restraint system.

Section 8. Certification Training Program. - The DOTr and the DTI are hereby mandated to formulate and implement a certification
training program for product inspectors, law enforcers, manufacturers, distributors, and sellers on the regulation, installation, use,
maintenance and inspection of child restraint systems, as prescribed by IRR.

Section 9. Child Safety in Public Utility Vehicles. - The DOTr shall conduct a study and recommend to Congress the use of child
restraint systems in public utility vehicles such as, jeepneys, buses, including school buses, taxis, vans, coasters, accredited/affiliated
service vehicles of transportation network companies, and all other motor vehicles used for public transport.

Should the DOTr determine, after study, that child restraint systems are not applicable in certain public utility vehicles, it shall
recommend to Congress other safety measures and/or regulations for the safe and secure transportation of children in such vehicles:
Provided, That the study shall be conducted within one (1) year from the effectivity of this Act.

Section 10. Penalties. -


(a) Any driver in violation of Sections 4 and 5 of this Act shall be fined One thousand pesos (₱1,000.00) for the first offense; Two
thousand pesos (₱2,000.00) for the second offense; Five thousand pesos (₱5,000.00) and suspension of the drivers license for a period
of one (1) year for the third and succeeding offenses.

(b) Any manufacturer, distributor, importer, retailer, and seller who violates Sections 6 and 7 of this Act shall be punished with a fine
of not less than Fifty thousand pesos (₱50,000.00) but not more than One hundred thousand pesos (₱100,000.00) for each and every
child restraint system product manufactured, distributed, imported and/or sold, without prejudice to other penalties imposed under
Republic Act No. 7394 or the “Consumer Act of the Philippines”.

46
(c) Any driver who allows the use of substandard and/or expired child restraint system or permits the use of child restraint system that
does not bear the PS mark or the ICC sticker and certificate, shall be fined One thousand pesos (₱1,000.00) for the first offense; Three
thousand pesos (₱3,000.00) for the second offense; and Five thousand pesos (₱5,000.00) and the suspension of the driver’s license for
a period of one (1) year for the third and succeeding offenses.1âwphi1

(d) Tampering, alteration, forgery and imitation of the PS mark or the ICC stickers in the child restraint system shall be punished with
a fine of not less than Fifty thousand pesos (₱50,000.00) but not more than One hundred thousand pesos (₱100,000.00), for each and
every child restraint system product, without prejudice to other penalties imposed in Republic Act No. 7394 or the “Consumer Act
of the Philippines”: Provided, That the DOTr is hereby empowered, after publication, to increase or adjust the amounts of the fines
prescribed in this section once every five (5) years in the amount not exceeding ten per centum (10%) of existing rates.
Section 11. Nationwide Public Information Campaign. -

(a) The DOTr, the Philippine Information Agency (PIA), the Department of Health (DOH), the Department of Education (DepEd), and
private agencies and organizations, shall undertake regular nationwide Information, Education and Communication (IEC) campaign
within six (6) months from the passage of this Act. The IEC campaign shall include information on the proper installation, use, and
maintenance of the child restraint system.

(b) The DOTr, may call upon any government agency, including the Philippine National Police (PNP) and nongovernmental
organizations (NGOs) to extend their full support and cooperation for the implementation of this Act.

Section 12. Review. - The DOTr shall conduct and submit to Congress a periodic review on the implementation of this Act at the end
of the third year from the date of its effectivity and every year thereafter.

Section 13. Implementing Rules and Regulations. - The DOTr, in consultation with the DTI, DOH, Department of the Interior and
Local Government (DILG), Philippine National Police-Highway Patrol Group (PNP-HPG), Metro Manila Development Authority
(MMDA), Council for the Welfare of Children (CWC) and other concerned agencies and stakeholders, shall promulgate the IRR on
child restraint systems within six (6) months from the effectivity of this Act.

The IRR shall cover among others the following:

(a) Motor vehicles covered under this Act;


(b) Standards and kinds of child restraint systems based on UN Regulations 44 and 129;
(c) Compatibility of child restraint systems to motor vehicles available in the market;
(d) Proper installation and positioning of the child restraint system in the vehicle;
(e) Certification training program referred to in Section 8 of this Act for law enforcers, product inspectors, employees and agents of
manufacturers, distributors, sellers and importers;
(f) Regulation of the manufacture, importation, and distribution of child restraint systems;
(g) Authorities responsible for the monitoring and evaluation of the implementation and compliance to the provisions of this Act; and
(h) Phases of implementation.

Section 14. Appropriations. - The initial amount necessary for the implementation of this Act shall be charged against the current
appropriation of the DOTr: Provided, That fines and fees collected from the implementation of the Seat Belt Law may be used to
augment the initial funding requirement of this Act: Provided, further, That the fines and fees that may be collected in the enforcement
of this Act shall be used exclusively for its implementation: Provided, finally, That such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.

Section 15. Transitory Clause. - Mandatory compliance of this Act shall be enforced only one (1) year after the effectivity of the IRR
of this Act.1âwphi1

47
Section 16. Separability Clause. - If any provision, or part hereof, is held invalid or unconstitutional, the remainder of the law or
provision not otherwise affected shall remain valid and subsisting.

Section 17. Repealing Clause. - Section 5 on the age of children prohibited to sit in front seat of Republic Act No. 8750 and Section 11
thereof on the use of special car seats are hereby amended. All other laws, decrees, executive orders, rides and regulations, issuances
or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.

Section 18. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) national
newspapers of general circulation.

REPUBLIC ACT NO. 11235


An Act Preventing and Penalizing the Use of Motorcycles in the Commission of Crimes By Requiring Bigger, Readable and Color-
Coded Number Plates and Identification Marks, and for Other Purposes

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Short Title. - This Act shall be known as the “Motorcycle Crime Prevention Act”.

Section 2. Declaration of Policy. - Article II, Section 5 of the 1987 Constitution provides that the maintenance of peace and order, the
protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all people of the
blessings of democracy. It is hereby declared the policy of the State to secure and safeguard its citizenry from crimes committed with
the use of motorcycles through bigger, readable and color-coded number plates and identification marks.

Section 3. Definitions. - As used in this Act, the following terms are defined:

(a) Backrider refers to any person or persons seated at the back of a motorcycle, or a passenger of a motorcycle;
(b) Driver refers to any person driving or controlling a motorcycle;
(c) Motorcycle refers to a powered two (2) or three (3) wheeled motor vehicle, including, but not limitted to. Scooters, mopeds, and
motorcycles with appendages such as sidecards, tricycles, or trikes. This shall include government-owned vehicles;
(d) Owner refers to any person who owns or is the registered owner of a motorcycle. Under this Act, it also refers to any person who
has actual control and possession of motorcycle, whether it is registered or not; and
(e) Number plate refers to the regular motor vehicle license plate issued by the Land Transportation Office (LTO) for a motorcycle,
bearing the standard alphanumeric characters in accordance with Republic Act No. 4136, as amended, otherwise known as the “Land
Transportation and Traffic Code.”

Section 4. Registration by the Owner. - The owner of a motorcycle shall register his or her motorcycle with the LTO within five (5)
days from such acquisition of ownership. The owner of a motorcycle shall also immediately report any sale or disposition of his or
her motorcycle to the LTO. Failure of the owner to register within five days from the acquisition of ownership, or to immediately
report its sale or disposition, shall subject the owner to a penalty of imprisonment or arresto mayor to prision correccional, as defined
under the Revised Penal Code, or fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos
(P50,000.00) or both.

If a motorcycle that is not yet registered with the LTO is used in connection with an offense punishable under the penalty of the
relevant offense shall be imposed on the offenders.

Section 5. Bigger, Readable and Color-Coded Number Plates. - The LTO shall issue a readable number plate for every motorcycle.
The LTO shall, in the implementing rules and regulations (IRR) of this Act, determine the font style and size of the bigger, readable
and color-coded number plates:

48
Provided, That the contents of the number plates shall be readable from the front, the back and the side of the motorcycle from a
distance of at least fifteen(15) meters from the motorcycle.

The LTO shall also device a color scheme of the readable number plates for every region in the Philippines where a motorcycle is
registered for quick and easy identification.

The readable number plates must be displayed in both the front and back sides of a motorcycle and shall be made of suitable and
durable material as determined by the LTO.

The utilization of voluntary and aid labor from prisoners shall be among the requirements to bid for the procurement of the number
plates under this Act.

Section 6. Registry of Motorcycles. - The LTO shall maintain a registry of motorcycles in a database to facilitate information retrieval
for official investigation and law enforcement purposes. The registry of motorcycle shall include, but not limited to the following
information; name of motorcycle owner, motorcycle owners license number, motorcycle owners address and contact details, motorcycle
identification number, motorcycle plate number, motorcycle body color, motorcycle brand/make. In the registry of motorcycles, the
LTO shall observe at all times Republic Act No. 10173 or the “Data Privacy Act of 2012”.1âwphi1

Section 7. Driving Without a Number Plate or Readable Number Plate. - Driving without a number plate or readable number plate,
as provided in the Revised Penal Code, or a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred
thousand (P100,000.00) or both.

A motorcycle driven without a number plate or a readable number plate shall be stopped, and such motorcycle shall be seized by law
enforcers and immediately surrendered to the Philippine National Police (PNP). Any apprehension must be reported immediately
to the LTO, PNP and the Department of Information and Communication Technology (DICT) Through the Joint LTO and PNP
Operations and Control Center. The owner of such motorcycle may redeem his or her ownership, payment of the costs of seizure, and
compliance with a number plate or readable number plate.

Section 8. Failure to Surrender Seized Motorcycle. - Any seized motorcycle must be reported immediately by the apprehending officer
to the LTO and PNP through the Joint LTO and PNP Operations and Control Center and must be surrendered within twenty-four
(24) hours to the local impounding center provided by the local government unit (LGU). Any law enforcer who shall fail to report
surrender a seized motorcycle, within twenty-four (24) hours from seizure, shall be punished by prision correccional as defined under
the Revised Penal Code without prejudice to the filing of proper administrative charges against said officer.
In case wherein there is loss of, or damage to, the motorcycle in the custody of the said officer in violation of this section, the said law
enforcement officer shall also be held monetarily liable for the full worth of the motorcycle lost or the cost of repairs for the damage
caused to the motorcycle in question.

Furthermore, any LTO officer, PNP officer or deputized law enforcement personnel shall be held criminally administratively and
monetarily liable for using an impounded vehicle.

Section 9. Use of a Motorcycle in the Commission of Crime. - If a motorcycle is used in the commission of a crime constituting a
grave felony under the Revised Penal Code, or in the escape from the scene of such crime, regardless of the stage of commission,
whether attempted, frustrated, or consummated, the owner, driver, backrider or passenger who participated in the same shall be
punished by reclusion temporal to reclusion perpetua as provided under the Revised Penal Code.

If a motorcycle is used in the commission of a crime constituting a less grave felony or light felony under Revised Penal Code or
any other crime, or in the escape from the scene of such crime, regardless of the stage of commission whether attempted, frustrated,
or consummated, the owner, driver, backrider or passenger who participated in the same shall be punished by prision correccional to
prision mayor, as provided under the Revised Penal Code.

49
If a seized motorcycle is used in the commission of a crime, the maximum penalty of the relevant crime or offense shall be
imposed.1avvphi1

If death or serious physical injuries, as defined under the Revised Penal Code, results from the unlawful use of a motorcycle in the
commission of a crime, the penalty of reclusion perpetua as provided under the Revised Penal Code shall be imposed.
Section 10. Impoundment and Forfeiture of a Motorcycle. - A motorcycle used in the commission of a crime or offense shall be
impounded by the PNP as evidence in custodia legis in a secured impounding center provided by the LGU until the termination of the
case. Such motorcycle shall then be forfeited in favor of the government, unless the court finds that the defendant is not guilty of the
offense charged or such motorcycle belongs to an innocent third party.

The Department of the Interior and Local Government (DILG) shall ensure and enforce that all LGUs set aside land establish a
secured impounding center that shall be under the control of the PNP to store the impounding center that be under the control of the
PNP to store the impounded motorcycles in accordance with this Act. They shall also have a computerized/digitized data to see to it
that all impounded or released motorcycles are duly recorded and such data shall be shared on a real-time basis to the Joint PNP and
LTO Operations and Control Center.

Section 11. Loss Number Plate or Readable Number Plate. - If the number plate or readable number plate of a motorcycle is lost,
damaged, or stolen, the owner of such motorcycle shall immediately report the same to the LTO and PNP through the Joint PNP and
LTO Operations and Control Center, and request a replacement number plate. Failure of the owner to report the same shall subject te
owner to fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00).

However, if the lost, damaged or stolen number plate or readable number plate is used in connection with an offense penalized under
the Revised Penal Code or special penal laws, the failure of the owner to report within three (3) days that the motorcycle is lost,
damaged, or stolen, shall subject the owner to a penalty of imprisonment of arresto mayor to prision correccional.

Section 12. Erasing, Tampering, Forging, Imitating, Covering or Concealing a Number Plate or Readable Number Plate and Intentional
Use Thereof. - Erasing, tampering, altering, forging, imitating, covering, concealing a number plate or readable number plate, or the
intentional use of such erased, tampered, altered, forged, imitated, covered or concealed number plate or readable number plate, under
this Act shall be punished by prision mayor as provided under the Revised Penal Code, or a fine of not less that Fifty thousand pesos
(P50,000.00) but not more than One hundred thousand pesos (P100,000.00), or both.

If a person knowingly sells or buys an erased, tampered, altered, forged or imitated number plate or readable number plate, both such
buyer and seller shall be punished by prision mayor as provided under the Revised Penal Code. However, if a person who sells or
buys the number plate proves that he or she has no knowledge that it was erased, tampered, altered, forged or imitated, he or she shall
be punished by arresto mayor.

Section 13. Use of a Stolen Number Plate or Readable Number Plate. - The use of a stolen number plate or readable number plate in a
motorcycle shall be punished by prision mayor as provided under the Revised Penal Code, or a fine of not less than Fifty Thousanda
pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00), or both at the direction of the court.
Section 14. Prohibition on Sale and Importation of Non-Compliant Motorcycles. - No person, whether natural or juridical, shall be
allowed to sell motorcycles, as defined under Section 3(c) of this Act, unless such motorcycle has the capability to bear and showcase
a readable number plates as required under Section 5 of this Act.

Furthermore, the Bureau of Customs (BOC) shall not allow the importation into the country of motorcycles, as defined under Section
3(c) of this Act, whose design will impede the placement of the required number plate on the front and back sides of the motorcycles
firmly and securely.

Any motorcycle which does not have any capability to bear and showcase the required readable number plate shall not be allowed to
register with the LTO.

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Section 15. Joint LTO and PNP Operations and Control Center. - The LTO and the PNP shall establish a Joint LTO and PNP Operations
and Control Center that shall be operational and accessible real-time, twenty four (24) hours a day and seven (7) days a week, to
facilitate the implementation of this Act. It shall be equipped with the latest available technology and adequate computers and software
sufficient to immediately address any emergency or inquiry. The LTO and the PNP-Highway Patrol Group (HPG) shall establish a
hotline to specifically address concerns related to crimes or offenses committed with the use of motorcycles. The Joint PNP and LTO
Operations and Control Center shall be under the supervision of the DICT.

Section 16. Appropriation. - There is hereby appropriated an initial funding of One hundred fifty million pesos (P150,000,000.00)
for the implementation of this Act which shall be included in the General Appropriations Act (GAA). Subsequent finding shall be
included in the GAA.

Section 17. Implementing Rules and Regulations. - The LTO, in consultation with law enforcement and other relevant agencies, shall
promulgate the rules and regulations to implement the provisions of this Act within a non-extendible period of ninety (90) days from
its effectivity.

Section 18. Congressional Oversight on the Motorcycle Crime Prevention Act. - There is hereby created a Congressional Oversight
Committee on the Motorcycle Crime Prevention Act to review and assess, among others, the implementation of this Act. The
Congressional Oversight Committee shall be composed of five (5) members from the Senate and five (5) members from the
House of Representatives. It shall be co-chaired by the Chairpersons of the Senate Committee on Justice and House Committee on
Transportation. Such congressional review and oversight shall be undertaken yearly beginning one (1) year after the effectivity of this
Act and thereafter as may be determined by the Oversight Committee.

The Oversight Committee shall review the penalties herein imposed and shall adjust the same accordingly if deemed necessary.
Section 19. Transitory Provision. - Motorcycle owners with number plates not in conformity with the provisions of this Act, shall
renew their registration and apply for the required readable number plate not later than June 30, 2019. The LTO is given until
December 31, 2019 to produce, release and issue the number plates as required by this Act. After December 31, 2019, the penal
provisions regarding the use of bigger, readable and color-coded number plates as required under this Act shall take effect.
Section 20. Repealing Clause. - All laws, decrees, orders, rules and regulations or other issuances or parts thereof inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.

Section 21. Separability Clause. - If any portion or provision of this Act is declared unconstitutional, the remainder of this Act or any
provision not affected thereby shall remain in force and in effect.

Section 21. Effectivity. - This Act shall take effect after fifteen (15) days following the completion of its publication either in the
Official Gazette or in a newspaper of general circulation in the Philippines.

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