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MODULE III
TRAFFIC LAWS, RULES AND REGULATIONS

A. Module Description:

This module presents the various traffic laws, rules and regulations and
other statutes governing traffic. It is imperative for the learners to know the
pertinent laws relative to the work of a traffic law enforcer. Further, this module
comprehensively discusses the general rule of road use and conduct and the
general traffic prohibitions and restrictions.

B. Learning Outcomes:

At the end of this module, the students should be able to:

C. Subtopics:

Lesson 2.1. Traffic Laws, Rules and Regulations

Lesson 2.2. Important Provisions of R.A 4136
Lesson 2.3. Registration of Motor Vehicles
Lesson 2.4. Provisions of Driver’s Licenses
Lesson 2.5. Basic General Rules of Road Use and Conduct

LESSON 2.1. TRAFFIC LAWS, RULES AND REGULATIONS

Concepts

The standards of regulating movements on roads, streets and highways are found in
traffic laws, rules and regulations.

In the Philippines, the mass of traffic laws, rules and regulations have their source in
laws, Presidential Decrees (P.D.s), Executive Orders (E.O.s), Letter of Instructions (L.O.I.s),
Administrative Orders and Implementing Memoranda and other Special Laws relative to
traffic operation and traffic law enforcement. Ass a traffic law enforcer, it is essential that you
should be familiar with these rules and regulations.

In addition, traffic signs, pavement, markings, and other control devices are traffic law
themselves. Violations of such constitute misdemeanor or infraction of law.

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Sources: the following are the basis for the traffic regulations and prohibitions in the
country:

1. Republic Acts (R.A.s)

a. R.A. 10913. or the Anti-Distracted Driving Act is a new law that prohibits motorists
from using communication devices and other electronic entertainment and computing
gadgets while vehicles are in motion or temporarily stopped on a traffic light or an
intersection. A motorist, as defined under this law, is a person who is driving motor
vehicle.
b. R.A. 6374. an act amending republic act numbered forty-one hundred thirty-six,
known as the "land transportation and traffic code"
c. R.A. 10666-An Act Providing for the Safety of Children Aboard Motorcycles
d. R.A. 10586-An Act Penalizing Persons Driving Under the Influence of Alcohol,
Dangerous Drugs, and Similar Substances, and for Other Purposes.
e. R.A. 10054-An Act Mandating All Motorcycle Riders to Wear Standard Protective
Motorcycle Helmets While Driving and Providing Penalties Thereof
f. R.A. 8794-An Act Imposing a Motor Vehicle User's Charge on Owners of all Types of
Motor Vehicles and for Other Purposes
g. R.A. 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 bataspambansablg. 398and executive order no.
1011, otherwise known as the land transportation and traffic code.
h. R.A. 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
i. R.A. 4136. This is the basic law regulating land transportation in the Philippines. It
has repealed Act no. 3992 (The revised Motor Vehicle Law).
j. R.A. 6539. The Act which is known as the “Anti-Carnapping Act of 1972”, the act
preventing and penalizing carnapping.
k. R.A. 5448. Act imposing a tax on privately owned passenger automobiles, motorcycles
and scooters, and a science stamp tax, to constitute a special science fund defining
the programs, projects and activities of science agencies to be financed therefrom and
for other purposes.
l. R.A. 8749. Also known as the “Clean Air Act” which regulates emission of toxic gases
of both gasoline and diesel engines and bans the use of leaded gas for gasoline
engines.
m. R.A. 8750. It provides for the attachment of seat belts for all types of motor vehicles
and imposes penalty for the non-compliance thereof.
n. R.A. 7924. The act creating the Metropolitan Manila Development Authority, defining
its powers and functions, providing funds therefor and for other purposes.

2. Presidential Decrees (P.D.s)

a. P.D. No. 96. Regulating the use of sirens, bells, horns, etc., by prohibiting the
attachment of any siren, horn bell, etc. on motor vehicles which produce unusual
or startling sound as well as blinkers and other similar devises unless the vehicle
belongs to the AFP, NBI, LTO, PNP, BJMP, Hospitals and Fire Departments and are
specifically intended for use in emergencies.
b. P.D. No. 101. Expediting the methods of prescribing, redefining or modifying the
lines and modes of operations of public utility motor vehicles in the Philippines.

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c. P.D. No. 207. Declaring as part of the laws of the Philippines the Vienna
Convention on Road Traffic, signs and signals.
d. P.D. No. 612. Requiring compulsory insurance for all types of motor vehicles
against third party liability as an additional pre-requisite for registration by the
LTO.
e. P.D. No. 1686. Imposing tax on every motor vehicle equipped with air conditioner.
f. P.D. 1181. Providing for the abatement for air pollution from motor vehicles and
for other purposes.
g. P.D. 1605. Granting the Metropolitan Manila Commission certain powers related
to traffic management and control in Metropolitan Manila providing penalties, and
for other purposes.
h. P.D. 98. Regulating the issuance of license plates of all motor vehicles.
i. P.D. 109. Modifying P.D. 98.
j. P.D. 1729. Authorizing the Bureau of Land Transportation to dispose of
impounded motor vehicles unclaimed by owners for a certain period of time.
k. P.D. 1730. Declaring the syndicated printing, manufacture, distribution,
possession or use of fake official Bureau of Land Transportation forms, documents,
plates and stickers as offenses involving economic sabotage.

3. Letters of Instructions (L.O.I.s)

a. L.O.I. No. 43. Providing for the removal of all impediments on roads, streets and
highways such as constructions, stalled or parked vehicles and other movable
property that obstruct free passage. This L.O.I. abrogated city or municipal
ordinances governing the disposition of traffic on city and municipal streets
throughout the country.
b. L.O.I. No. 112. Prohibiting freight and cargo trucks from using roads, highways
and bridges whose load capacities are in excess of specific allowable limits.
c. L.O.I. No. 229. Requiring all motor vehicle owners, users, or drivers to have in
their possession at all times while driving at least one (1) pair of early warning
device (EWD) for use when the vehicle is disabled on roads, street and highways or
other emergencies compelling the vehicle to be on stop position.
d. L.O.I. 716. Every motor vehicle to equip at least a pair of early warning device.
e. L.O.I. 551. Every motor vehicle to equip at least a pair of early warning device.
f. L.O.I. 853. Calling for the National Tripartite Conference to consider the
establishment of viable labor-management relations based upon the “boundary”
system in land transportation.
g. L.O.I 1009. All owners of private motor vehicles who desire to stop operating or
using their number plates and registration certificated to surrender to BLT.
h. L.O.I. 1071. Owners and/ or operators of motor vehicles are authorized to pay the
annual premiums for the insurance of their motor annual premiums for the
insurance of their motor vehicles on quarterly basis.

4. Department Orders (D.O.s)

a. DOTC D.O. 88-305. Rules of pleadings, practice and procedure for appeals on
franchising fare rates charges and other related matters pertinent to Land
Transportation Public Utilities.
b. D.O. 93-693. Revised schedule of Administrative Fees and charges of the LTO.

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5. Administrative and Special Orders

a. Administrative Order No. VIII, S-1968, LTC. Requiring the towing and
impounding of stalled motor vehicles on public highways and the imposition of
corresponding fees thereof.
b. Administrative Order No. 1. S-1973, LTC. Prescribing guidelines and procedures
in the implementation of PD No. 96.
c. Administrative Order No. 1, s-1875, LTC. Laying down specific rules of action in
the imposition of uniform fines and penalties for violation of the provisions of RA
4136.
d. Special Order No. 101-IRM, LTC. Enumerating and identifying various city
streets where parking is prohibited.

6. Memorandum Circulars

a. LTC Memorandum to all Patrol Officers, Deputies and Agents dtd 09 August
1975. Directing that motor vehicles whose loads are rice, cereals, fertilizers and
other prime commodities are not to be apprehended and stopped on roads and
highways except only in cases of serious violations.
b. LTC Memorandum Circular No. 33, dated 12 September 1972. Providing
guidelines in the apprehension of illegally parked motor vehicles.
c. LTC Circular No. 15, dated 19 January 1972. Regulating and laying instructions
in the use of Special Commemorative Motor Vehicle Plates.
d. M.C. 94-199. Aide- memoir regarding retention and authority by LTO to register
motorized tricycles under R.A. 4136, and guidelines to implements devolution of
LTFRB’s Franchising Authority over TC’s per R.A. 7160 issued by DOTC.
e. M.C. 94-188. Issuance of driver’s license to disabled person.
f. M.C. 92-146. Re- implementation of LOI 229, as amended by LOI 479 directing the
installation of early warning devices of motor vehicles.
g. M.C. 94-192. Diesel smoke emission test for motor vehicles.
h. M.C. 90-020. Directing all public land transportation service operators and drivers
to display in any conspicuous place of their vehicles the authorized fare matrix for
the specific route granted them to avoid conflict.
i. M.C. 93-011. Enjoining all public utility operators to use garage instead of public
places or side streets in parking their vehicles.
j. M.C. 94-002. Sanctions on operators arising from the violations of their drivers.
k. M.C. 94-209. Clarificatory guidelines for the registration/ operation if new private
vehicles particularly in the use of conduction sticker.

7. Executive Orders (E.O.s)

a. E.O. 125. Reorganizing the DOTC, defining its powers and functions and for other
purposes.
b. E.O. 266. Providing for two service units in the Office of the Asst. Sec. for Land
Transportation in the DOTC (Law enforcement Service- LES and Traffic
Adjudication Service- TAS), defining the powers and functions thereof and for other
purposes.
c. E.O. 202. Creating the Land Transportation Franchising and regulatory Board
(LTFRB).

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d. E.O. 248. Empowering the Land Transportation Commission to control and

supervise the operations of motor vehicle driving schools.

8. Other Special laws, Statutes, etc.

a. Batas Pambansa Blg. 344 (B.P. 344). Act to enhance the mobility of disabled
persons by requiring certain building, institutions, establishments and public
utilities to install facilities and other devices.
Sec. 1, Par.2. In case of the parking place of any of the above institutions,
buildings or establishments, or public utilities, the owner or operator shall reserve
sufficient and suitable space for the use of disabled persons”.
Sec. 2. In case of public conveyance, devices such as the prominent display of
posters, stickers shall be used to generate public awareness of the rights of the
disabled and posters understanding of their special needs. Discriminating against
disabled persons in the carriage or transportation of passengers is hereby declared
unlawful.”
b. Memorandum Unnumbered dated July 13, 1992. Early Warning Device (EWD)
not a requirement for registration.
c. SC Bars Lawmen from removing Car plates (187 SCRA 432).

LESSON 3.2. IMPORTANT PROVISIONS OF R.A 4136

Concept

A. Words and Phrases used in R.A. 4136. As used in this act, the following words and
phrases are defined for better and common understanding.
a. Motor Vehicle shall mean any vehicle propelled by any power other than muscular
power using the public highways, but excepting road rollers, trolley cars, street-
sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks,
and cranes if not used on public highways, vehicles which run only on rails or tracks,
and tractors, trailers and traction engines of all kinds used exclusively for agricultural
purposes.
b. Passenger automobiles- shall mean all pneumatic-tire vehicles of types similar to
those usually known under the following terms: touring car, command car, speedster,
sports car, roadster, jeep, cycle car (except motor wheel and similar small outfits
which are classified with motorcycles), coupe, landaulet, closed car, limousine,
cabriolet, and sedan.

The distinction between “passenger truck” and “passenger automobile” shall be that of
common usage: Provided, That a motor vehicle registered for more than nine
passengers shall be classified as “truck”: And Provided, further, That a “truck with
seating compartments at the back not used for hire shall be registered under special
“S” classifications. In case of dispute, the Commissioner of Land Transportation shall
determine the classification to which any special type of motor vehicle belongs.

c. Articulated vehicle shall mean any motor vehicle with a trailer having no front axle
and so attached that part of the trailer rests upon motor vehicle and a substantial part
of the weight of the trailer and of its load is borne by the motor vehicle. Such a trailer
shall be called as “semi-trailer.”

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d. Driver shall mean every and any licensed operator of a motor vehicle.
e. Professional driver shall mean every and any driver hired or paid for driving or
operating a motor vehicle, whether for private use or for hire to the public. Any person
driving his own motor vehicle for hire is a professional driver.
f. Owner shall mean the actual legal owner of a motor vehicle, in whose name such
vehicle is duly registered with the Land Transportation Commission.
The “owner” of a government-owned motor vehicle is the head of the office or the chief
of the Bureau to which the said motor vehicle belongs.
g. Dealer shall mean every person, association, partnership, or corporation making,
manufacturing, constructing, assembling, remodeling, rebuilding, or setting up motor
vehicles; and every such entity acting as agent for the sale of one or more makes,
styles, or kinds of motor vehicles, dealing in motor vehicles, keeping the same in stock
or selling same or handling with a view to trading same.
h. Garage shall mean any building in which two or more motor vehicles, either with or
without drivers, are kept ready for hire to the public, but shall not include street
stands, public service stations, or other public places designated by proper authority
as parking paces for motor vehicles for hire while awaiting or soliciting business.
i. Gross weight shall mean the measured weight of a motor vehicle plus the maximum
allowable carrying capacity in merchandise, freight and/or passenger, as determined
by the Commissioner of Land Transportation.
j. Highways shall mean every public thoroughfare, public boulevard, driveway, avenue,
park, alley and callejon, but shall not include roadway upon grounds owned by private
persons, colleges, universities, or other similar institutions.
k. Parking or parked, for the purposes of this Act, shall mean that a motor vehicle is
“parked” or “parking” if it has been brought to a stop on the shoulder or proper edge of
a highway, and remains inactive in that place or close thereto for an appreciable
period of time. A motor vehicle which properly stops merely to discharge a passenger
or to take in a waiting passenger, or to load or unload a small quantity of freight with
reasonable dispatch shall not be considered as “parked”, if the motor vehicle again
moves away without delay.
l. Tourist shall mean a foreigner who travels from place to place for pleasure or culture.

B. Selected Provision of R.A. 4136

1. Exceeding Registered Capacity (Overloading). Passengers, freight or cargo load of a

motor vehicle should not be more than its registered carrying capacity. Conductors of
public utility trucks or buses are held liable for the overloading of vehicles under their
charge.
All passenger automobile for hire are required to have the registered passenger
capacity marker plainly and conspicuously on the sides thereof in letters and
numerals not less than 5 cms. In height. Motor trucks for passenger or freight, private
or for hire, shall have the registered passenger or freight gross and net weight
capacities marked plainly and conspicuously on the sides thereof in letters and
numerals not less than 5 cms. In height.

2. Cargo Carrying Devices. The construction of devices for carrying cargo at the rear or
sides of trucks may be allowed, subject to the approval of the Commissioner, but the
total net weight of the device, including cargo, must not exceed 100 kilos.

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3. Riding on Running Board. It is strictly prohibited, except for conductors collecting

passenger fare (Sec. 32c).

4. Riding on top of the motor vehicle. Passengers shall not be allowed to ride on top of
motor vehicles, but baggage or freight may be carried on top of the truck, provided
that the weight thereof is not more than 20 kilos per square meter distributed in such
a way as not to endanger passengers or the vehicle’s stability (Sec. 32. b.).

5. Required Motor Vehicle Accessories. Every motor vehicle when operated on a traffic
way should have the following specified accessories: (Section 34)

(a) Tires of Motor Vehicles. – No motor vehicle with metallic tires shall be operated
upon any public highway, and solid tires whenever used shall be of sufficient
thickness to prevent the metal rims thereof from coming in direct contact with the
road.

(b) Brakes. – Every motor vehicle with four or more wheels shall be provided with dual
hydraulic brake system so that in case of hydraulic line failure affecting the braking
efficiency of any of the four wheels at least either the front or rear wheels shall retain
normal braking capabilities.

(c) Horns. – Every motor vehicle shall be provided with a horn or signaling devise in
good working order: Provided, however, That no horn or signaling device emitting an
exceptionally loud, startling, or disagreeable sound shall be installed or used on any
motor vehicle.

All authorized emergency vehicles, such as ambulance and police cars and fire wagons
used for emergency calls shall be equipped with a bell, siren, or exhaust whistle of a
type approved by the Commissioner, and no such device shall be installed or used in
any other vehicle.

No vehicle not classified as a motor vehicle under this Act shall be equipped with a
horn or signaling device similar to the horn customarily used on motor vehicles.

(d) Headlights. – the vehicle should have 2 headlights, one on each side, which must
be dimmed when meeting another vehicle.

(e) Taillights. Installed at the rear portion of the vehicle, this should be visible at least
100 meters away.

(f) Stop lights. – installed also at the vehicle’s rear. Red lights are prohibited at the
forward portion of the vehicle. Motorcycles must have one head lamp and one tail
lights. Lights should be put on when a vehicle is parked or disabled. Appropriate
parking lights or flares are required for vehicles when parked or disabled in such a
way as not to endanger passing traffic.
(g) Lights when parked or disabled. – Appropriate parking lights or flares visible one
hundred meters away shall be displayed at a corner of the vehicle whenever such
vehicle is parked on highways or in places that are not well-lighted or is placed in
such manner as to endanger passing traffic.

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(h) Windshield wiper. – Every motor vehicle shall be equipped with a mechanically or
electrically operated device for wiping off raindrops or other moisture from its front
windshield.

(i) Use of red flag. – Whenever the load of any vehicle extends more than one meter
beyond the bed or body thereof, there shall be displayed at every projecting end of
such load a red flag not less than thirty centimeters both in length and width, except
that during the hours fixed under subsection (c), there shall be displayed, in lieu of
the required red flags, red lights visible at least fifty meters away.

(j) Mufflers. – Every motor vehicle propelled by an internal combustion engine shall be
equipped with a muffler, and whenever said motor vehicle passes through a street of
any city, municipality, or thickly populated district or barrio, the muffler shall not be
cut out or disconnected. No motor vehicle shall be operated in such a manner as to
cause it to emit or make any unnecessary or disagreeable odor, smoke or noise.

6. Hitching on to a vehicle. The following practices are prohibited: (Section 51)

a. Hanging on to or riding on the outside or rear end pf any vehicle.

b. Holding on to any moving vehicle whether on foot or otherwise.
c. Driver allowing any person to hand on to or ride outside of or at the rear end of the
vehicle.

7. Reckless Driving. – No person shall operate a motor vehicle on any highway

recklessly or without reasonable caution considering the width, traffic, grades,
crossing, curvatures, visibility and other conditions of the highway and the conditions
of the atmosphere and weather, or so as to endanger the property or the safety or
rights of any person or so as to cause excessive or unreasonable damage to the
highway.

8. Right of Way for Police and Other Emergency Vehicles. – Upon the approach of
any police or fire department vehicle, or of an ambulance giving audible signal, the
driver of every other vehicle shall immediately drive the same to a position as near as
possible and parallel to the right-hand edge or curb of the highway, clear of any
intersection of highways, and shall stop and remain in such position, unless otherwise
directed by a peace officer, until such vehicle shall have passed.

9. Driving or Parking on Sidewalk. – No person shall drive or park a motor vehicle upon
or along any sidewalk, path or alley not intended for vehicular traffic or parking.
10. Driving While Under the Influence of Liquor or Narcotic Drug. – No person
shall drive a motor vehicle while under the influence of liquor or narcotic drug.

11. Obstruction of Traffic. – No person shall drive his motor vehicle in such a
manner as to obstruct or impede the passage of any vehicle, nor, while discharging or
taking on passengers or loading or unloading freight, obstruct the free passage of
other vehicles on the highway.

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12. Duty of Driver in Case of Accident. – In the event that any accident should
occur as a result of the operation of a motor vehicle upon a highway, the driver
present, shall observe the following: (Sec. 55)
a. Stop immediately.
b. Show his driver’s license to inspecting traffic law enforcer.
c. Give his true name and address, including that of the owner of the vehicle.
d. Assist injured persons.
e. Take measures to protect belongings of passengers.
f. Report the accident.

13. When could a driver leave the area of accident without being held liable for
HIT-AND- RUN?

1. If he is in imminent danger of being seriously harmed by any person or persons by

reason of the accident;
2. If he reports the accident to the nearest officer of the law; or
3. If he has to summon a physician or nurse to aid the victim.

LESSON 3.3. REGISTRATION OF MOTOR VEHICLES

Concept

R.A. 4136, mandates that all motor vehicles shall be registered by its owner before the
designated District Offices of the Land Transportation Office. Law enforcement officers
should keep themselves abreast with the proper procedures of registering motor vehicles for
them to easily identify unregistered motor vehicles or motor vehicles having expired
registration.

On the other hand, motor vehicle owners as well as drivers should be aware of the
provisions on motor vehicle registration to avoid unnecessary delays and penalties whenever
registration-related apprehension occur.

A. Classification of Registered Motor Vehicles

1. Private (Not for hire)- These are motor vehicles used for the personal use of their
owners.
2. Public Utility Vehicles (PUV a.k.a. for hire)- These are registered primarily for the
conveyance of passengers and other commercial goods, i.e., passenger jeepneys, taxi
cabs, etc.
3. Government- These are motor vehicles owner by government offices and are used for
official purposes only.
4. Diplomat- These are issued to foreign diplomats and consuls assigned in the
Philippines.

B. Plate Numbers

Upon registration, motor vehicles are assigned with plate numbers. The letter and
numeral prefixes as well as the assigned colors are based on the date and place of
registrations and purpose of the registered motor vehicle.

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1. Green with white Background-Issued to private or not for hire motor vehicles (MVs).
2. Black with yellow background- Issued to PUVs.
3. Red (Maroon) with white background- Issued to government owned MVs.
4. Blue with white background- assigned for foreign diplomats, consuls and other
foreign dignitaries.
5. Commemorative plate- these special plate numbers are issued for specific purposes
such as fund-raising for government projects and programs.

C. Schedule of registration

Registration of motor vehicles should be done annually which follows the numerical
suffixes of their plate numbers.

Table 1. Monthly Schedule is Based on the Last Digit of the Plate Number

LAST DIGIT OF THE PLATE NUMBER (Monthly Schedule)

1 January
2 February
3 March
4 April
5 May
6 June
7 July
8 August
9 September
0 October
NOTE: Vehicles may be registered one month in advance

Table 2. Weekly Schedule is Based on the Second to the Last Digit of the Plate Number

2ND TO THE LAST DIGIT OF THE PLATE SCHEDULE/ WEEKLY DEADLINE

NUMBER
1 2 3 1st to 7th Day of the Month
4 5 6 8th to 14th Day of the Month
7 8 15th to 21st Day of the Month
9 0 22nd to the Last Day of the Month

Below are examples of the registration schedule:

A. Newly designed license plate:

A.1. For four-wheeled vehicles (3 alpha characters and 4 numeric characters)

ABC 1435

Last Digit

2nd to the last digit of plate number

The Vehicle to be registered on the 1st Week of May

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A.2. For two-wheeled vehicles (2 alpha characters and 5 numeric characters)

BA 13599

Vehicle should be registered in September

Between 22nd to the Last Working Day of September
Or the Vehicle to be registered pn the 4th Week of September

D. Letter Prefixes on Plate Numbers

The letter prefixes indicate:

1. Place of initial registration of the motor vehicle;
2. Year of initial registration and the possible year model of the registered motor vehicle
could be determined from the order of the letter prefixes, i.e., the higher the letters the
later the year of registration and year model of the motor vehicle.

Example: Vehicle 1-PLT 255 Vehicle 2- TNU 636

Between the above motor vehicles, vehicle 1 was registered earlier than vehicle 2 and
possibly, vehicles 2’s model is later than vehicle 1.

E. Special Plate Numbers for Government Officials.

1. President of the Philippines

2. Vice President of the Philippines
3. Senate President, etc.

LESSON 3.4. DRIVER’S LICENSES

Concept

Driving a motor vehicle in the Philippines as in other countries is NOT a right but a
privilege granted by the Philippine Government through the LTo based on R.A. 4136 and
Batas Pambansa Blg. 398. Further, it is a privilege which may be suspended or revoked.

Driver’s license- A document issued to a qualified driver who possesses the statutory
qualification as provided therefore. It is also a public document which has the legal
presumption of genuineness (CCC Insurance Corp. vs. Court of Appeals, 31 SCRA 264)

A. Duty to procure license. Sec. 19 of R.A. 4136 states that no person shall operate any
motor vehicle without first procuring a license to drive for the current year. To be
effective in the hands of its holder, it must not be delinquent, invalid, suspended or
revoked and should be carried at all times and shall be shown or surrendered for
cause when demanded by a person authorized by RA 4136 to inspect the same.
B. Confiscation of Driver’s License- Sec. 29 of R.A. 4136 mandates that a driver’s license
may be confiscated for violations of R.A. 4136, the rules and regulations issued by the
Commissioner and of local traffic rules and regulations.

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When a driver’s license is confiscated for any reason, the traffic enforcer must,
however, issue a receipt (Temporary Operator’s Permit (TOP)) which is good for 72
hours within which the driver may continue to operate his vehicle. Failure to settle the
case within 15 days will cause suspension or revocation of the license.

C. Types of Licenses, Procedures and requirements. A driver is licensed by the LTO as

proof to his proficiency in driving his knowledge of road rules and regulations while
operating a motor vehicle. Upon proving his proficiency and knowledge, he will be
issued a document in the form of the following licenses:

1. International Driver’s License. Bonafide tourists and tansients who are duly
licensed to operate motor vehicles in their respective countries may be allowed to
operate motor vehicles during their stay but not beyond 90 days of their sojourn in
the Philippines (Sec. 21, R.A. 4136). Foreign license applicants can only be issued
a Non-Professional License.
2. Military Driver’s License. Enlisted personnel of the AFP operating motor vehicles
owned by the government shall be licensed in accordance with R.A. 4136 but no
license or delinquency fees shall be collected thereof.
All licenses so issued shall bear the words “FOR GOVERNMENT VEHICLES ONLY”
plainly marked or stamped in red inks across the face thereof. A Military Driver’s
License does not authorize the holder to operate a privately-owned motor vehicle
(Sec. 20, R.A. 4136).
3. Student Driver’s Permit. This kind of document is issued to persons who desire
to learn how to drive. A student driver cannot operate a vehicle unless
accompanied by an instructor who may either be a licensed professional or non-
professional driver (Sec. 30, R.A. 4136).

Qualifications:
a. Should be at least 17 years of age.
b. An applicant is required to be physically and mentally fit to operate a motor
vehicle.
c. Must be able to read and write in Filipino, English or any applicable local
language.
d. Must have attended at least 15 hours of theoretical driving lessons from an LTO
accredited driving school.
e. Foreign applicants must be 18 years or above. He/she must have been residing
in the Philippines for one year from the application date.

Requirements:
The following documents are required:
a. A dully accomplished driver’s license application form.
b. Birth certificate authenticated by PSA. You will need both the original and a
photocopy.
c. Medical certificate issued by an LTO recognized physician. It should state the
applicant’s physical and mental fitness to operate a vehicle.
d. Certificate of Driving Course Completion that proves you finished all the
theoretical classes.
e. Consent of parent or guardian and their valid ID for applicants below 18 years
(original and photocopy).

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f. Applicant’s passport with visa duration of at least one year from the application
date (for foreigners).
g. SSS ID

Application Process:
a. Visit any LTO district office.
b. Approach the customer service desk. Request for an Application for Drivers
License Form and a Checklist of Requirements form.
c. Fill out the form and prepare the required documents.
d. Submit the documents to the evaluator for checking.
e. Recite the Drivers Road Safety Pledge to the evaluating officer. He/she will
encode your information and create a transaction number.
f. Head to the photo and signature taking area.
g. Wait for the approval of your application.
h. Head to the cashier and pay the required fee after your application is approved.
i. Receive your permit and official receipt from the releasing clerk.
j. Write your name and affix your signature on the log sheet.

4. Non-Professional Driver’s License. This kind of license is issued to owners of

privately-owned motor vehicles or those not for hire or paid for driving (Effect if
Sec. 3,e, R.A. 4136).

Qualifications:
Note: Applicants must have all the credentials of a student permit with the
following additions:
a. Must be a holder of a valid students permit issued at least 30 days before the
application of a non-professional permit.
b. Must have completed a minimum of 8 hours of practical driving lessons by an
LTO accredited driving school.

Requirements
Applicants must have all the documents required to apply for a student permit.
They should also produce a valid student permit.

Application Process:
a. Visit any LTO office.
b. Submit the required documents to the receiving officer, who will check for
completeness.
c. Receive information from the evaluator on whether you have qualified.
d. Go to the photo and signature taking area and wait your turn.
e. Head to the cashier and pay required driver’s license fees (wait to be called
upon).
f. Take the driver’s license exam and await results. You need a score of 30 and
above out of 40 to pass.
g. Take the practical driving test (If you passed the theoretical test).
h. Receive consent from the approving officer if you pass both tests.
i. Receive your permit.
j. Write your name and affix your signature on the release form.

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5. Professional Driver’s License. The license is issued to a driver hired or paid for
driving or operating a motor vehicle whether private use or for hire to the public.
Any person driving how own motor vehicle for hire is a professional driver (Sec. 3e,
R.A. 4136). This permit allows you to drive almost all types of motor vehicles.
Below are the qualifications and requirements you need to apply.

Qualifications:
Note: You need all the qualifications for a student permit with the following
addition:
a. Must be a holder of a non-professional driver’s license issued at least one year
from the application date.

Requirements
The requirements are the same as those needed for a student permit with the
following additions:
a. Must be a holder of a non-professional permit
b. Must have a clearance letter from Philippine National Police and National
Bureau of Investigation. It should indicate that the applicant never been
convicted of any offense.

Application process.
To acquire this permit, you will follow the step by step guide for obtaining a non-
professional license. However, you will only get your permit after passing the tests.

D. DRIVER’S EXAMINATION

All driver license applicants must obtain the passing score as follows.

1. Written examination

This will contain questions concerning proper driving procedures, road rules and
regulations, emergency procedures, etc. number of questions will be as follows:
a. Non-Professional License- 40 questions
b. Professional License- 60 questions

Examinees will have to pass the written examination with the following marks:
a. Non-Professional License- 30 out of 40 questions
b. Professional License- 50 out of 60 questions

Before each examination, a Driving skill rater will provide a 30-minute lecture about
traffic rules and other driver information as a “review” for the applicants.

2. The Road Test

The actual road test will be undertaken under the auspices of a “Driving Skill
Rater”. This actual road test will have to be scheduled in advance and the applicant
will have to provide the vehicle in which the road test will be conducted. The applicant
should make sure that the vehicle to be used is in proper working condition and is
currently registered.

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During the road test, the applicant will be rated according to his proficiency on the
following aspects.

a. That the applicant is aware of and capable of performing a check on the primary
components of the vehicle such as the engine, the tires, the battery, lights, windshield
wipers, brakes, transmission and clutch, etc.
b. Proper use and correct positioning of the hands on the steering wheel.
c. Proper engine control and use f the gear shift level and the foot pedals.
d. Proper speed control and observance and practice of road discipline.
e. Proper knowledge and interpretation of road signs and markings.
f. Proper turning procedures.
g. Proper backing procedures.
h. Proper parking procedures.

The applicant will be credited with a score of 100 points at the start of the road test. Each
infraction or unsatisfactory performance will be listed down on a Road test score sheet and
the corresponding deductions made at the end if the test. Passing grade will be 70 points or a
total possible deduction of 30 points.

E. MANDATORY DRUG TEST. It is mandatory to all driver’s license applicants except for
student’s driver’s permit to pass a drug test conducted by duly LTO accredited drugs
testing centers.

F. DRIVERS’ RESTRICTION CODE. When the driver is issued a license, the driver’s
restriction code is indicated as follows:

1. Motorcycles/ Motorized Tricycles

2. Vehicle up to 4500 kgs Gross Vehicle Weight (GVW)
3. Vehicle above 4500 kgs GVW
4. Automatic clutch up to 4500 kgs GVW
5. Automatic clutch above 4500 kgs GVW
6. Articulated vehicle 1600 kgs GVW and below
7. Articulted vehicle 1601 kgs GVW up to 4500 GVW
8. Articulated vehicle 4501 kgs and above GVW

G. DRIVER’S CONDITION. The conditions for driver’s license holder while operating a
motor vehicle are indicated as follows:
1. A- wear eye glasses
2. B- drive only with special equipment for upper limbs
3. C- drive only with special equipment for lower limbs
4. D- daylight driving only
5. E- accompanied by a person with normal hearing

LESSON 3.5. GENERAL RULES OF ROAD USE AND CONDUCT

Concept:

The traffic rules in the Philippines are based entirely in the general rules of road use
and conduct which also influence the genera prohibitions and restrictions. Chapter IV,

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Articles I to V of the R.A. 4136 comprehensively discuss the traffic rules observed in the
Philippines.

A. Speed Limit and Other Rules on Speed. Any person driving a motor vehicle on a
highway shall drive the same at a careful and prudent speed, not greater nor less than
is reasonable and proper, having due regard for the traffic, the width of the highway,
and of any other condition then and there existing; and no person shall drive any
motor vehicle upon a highway at such a speed as to endanger the life, limb and
property of any person, nor at a speed greater than will permit him to bring the vehicle
to a stop within the assured clear distance ahead.
1. Maximum Allowable Speeds. Subject to the provisions of the preceding
paragraph, the rate of speed of any motor vehicle shall not exceed the following per
hour:

Table 3. Maximum Allowable Speed

Passenger Cars and Motor Trucks and Buses

Motorcycles
On open country roads,
with no “blinds corners”
80 km. 50 km.
not closely bordered by
habitations
On “through streets” or
boulevards, clear of traffic,
40 km. 30 km.
with no ” blind corners,”
when so designated
On city and municipal
streets, with light traffic,
30 km. 30 km.
when not designated
“through streets.”
Through crowded streets,
approaching intersections
at “blind corners,” passing
school zones, passing other 20 km. 20 m.
vehicles which are
stationary similar
dangerous circumstances

2. Exception to the speed limit. The rates of speed hereinabove prescribed shall not
apply to the following:

(1) A physician or his driver when the

former responds to emergency calls;

(2) The driver of a hospital ambulance on

the way to and from the place of accident
or other emergency;

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(3) Any driver bringing a wounded or sick

person for emergency treatment to a hospital,
clinic, or any other similar place;

(4) The driver of a motor vehicle belonging to

the Armed Forces while in use for official
purposes in times of riot, insurrection or
invasion;

(5) The driver of a vehicle, when he or his

passengers are in pursuit of a criminal;

(6) A law-enforcement officer who is trying to

overtake a violator of traffic laws; and

(7) The driver officially operating a motor

vehicle of any fire department, provided that
exemption shall not be construed to allow
unless or unnecessary fast driving of drivers
afore-mentioned.

3. Uniform Speed Limits throughout the Philippines. No provincial, city or

municipal authority shall enact or enforce any ordinance or resolution specifying
maximum allowable speeds other than those provided by R.A. 4136.

B. Lateral Placement. Lateral placement means the proper positioning of the motor
vehicle while traversing on a traffic way or while on parked.

In the Philippines, Unless a different course of action is required in the interest of the
safety and the security of life, person or property, or because of unreasonable difficulty of
operation in compliance herewith, every person operating a motor vehicle or an animal-
drawn vehicle on a highway shall pass to the right when meeting persons or vehicles coming
toward him, and to the left when overtaking persons or vehicles going the same direction,
and when turning to the left in going from one highway to another, every vehicle shall be
conducted to the right of the center of the intersection of the highway.
On the other hand, motor vehicles should be parked only on designated and so properly
parked without encroaching the parking stall or space of another vehicle. For clearer
understanding of the above provisions, refer to figures 3, 4.1 and 4.2.

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Figure 3
Proper Positioning while Traversing
Vehicles 1 and 2 are properly positioned while vehicle 3 is traversing dangerously at the separate
lines.

4 5 6

Figure 4.1
Proper Placement while on Parallel Parking
Vehicles 4 and 5 are properly parked, while vehicle 6 encroaches the other parking stall or space.

7 8 9

Figure 4.2
Proper Placement while Parked Diagonally
Cars 7 and 8 are properly parked while car 9 is wrongly parked

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C. Overtaking and Passing. In overtaking another vehicle, a driver should pass at a safe
distance to the left thereof, and shall not again drive to the right side of the highway
until safely clear of such overtaken vehicle. For a clearer understanding see Figure 5
below.

1 2

Figure 5
General Rule on Overtaking Passing
Vehicle 1 can overtake vehicle 2 using the left lane.

c.1. Exception. On the highways with two or more lanes where traffic goes in one direction,
another vehicle may be overtaken on the right (Sec. 39, R.A. 4136). See Figure 6.

4 5

1 2

Figure 6
Overtaking on a Four-lane two-way Street

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Vehicle 1 can use the right lane (outer) in overtaking and passing vehicle 2. Vehicle 2 here
should not increase its speed. Vehicle 1 should not use the other inner lane (2) in overtaking.
Above portion of the illustration shows vehicle 5 attempting to overtake vehicle 4 using the
shoulder of the road which is not only a violation of the rules but also dangerous because he might
hit something on the shoulder.

c. 2. Driver to Give way to Overtaking Vehicle. The driver of a vehicle about to be

overtaken and passed by another vehicle approaching from the rear shall give way to the
overtaking vehicle on suitable and audible signal being given by the driver of the overtaking
vehicle, and shall not increase the speed of his vehicle until completely passed by (Sec. 40,
R.A. 4136).

c. 3. Restrictions on Overtaking and Passing. To avoid accident or any unusual incidents,

overtaking and passing on the following places are restricted (Sec. 41, R.A. 4136).

a. To the left side of the center line of a highway in overtaking or passing another vehicle
proceeding in the same direction, unless such left side is clearly visible, and is free of
oncoming traffic for a sufficient distance ahead to permit safety overtaking. Refer also
to figure 6.
b. When approaching the crest of a grade, not upon a curve in the highway, where the
driver’s view along the highway is obstructed within a distance of five hundred feet
ahead, except on a highway having two or more lanes for movement of traffic in one
direction
c. At any railway grade crossing, nor at any intersection of highways unless such
intersection or crossing is controlled by traffic signal or a traffic officer.
d. Between any points indicated by the placing of official temporary warning or caution
signs indicating that men are working on the highway.
e. Any “no-passing or overtaking zone.”

D. Right of Way. This principle refers to the legal or customary precedence (priority in
place or time) which allows ne vehicle to cross or pass in front of another.

D.1. Rules on Right of Way. Section 42-44 of RA. 4136 provides for the rules on
giving the right of way.

a. In case of two vehicles approach or enter an intersection at approximately the

same time, the driver of the vehicle on the left shall yield the right of way to the
vehicle on the right, except as otherwise hereinafter provided. The driver of any
vehicle traveling at an unlawful speed shall forfeit any right (Sec. 42, a). see
figure 7.1.
b. In case of a vehicle approaching but not having entered an intersection, shall
yield the right of way to a vehicle within such intersection or turning therein to
the left across the line of travel of such first-mentioned vehicle (Sec. 42.b.) see
figure 7.2.

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Figure 7.1
First General Rule on Giving the Right of Way
Vehicle 2 should yield the right of way to vehicle 1 because the latter is approaching the
intersection from the right.

c. In case of any vehicle upon a highway within a business or residential district

shall yield the right of way to a pedestrian crossing such highway within a
crosswalk, except at intersections where the movement of traffic is being
regulated by a peace officer or by traffic signal. If there is no crosswalk,
pedestrians shall yield the right of way to vehicles in the highways (Sec. 42.c)
See figure 8.

d. In case of a vehicle upon a highway shall bring to a full stop such vehicle before
traversing any “through highway” or railroad crossing: Provided, that when it is
apparent that no hazard exists, the vehicle may be slowed down to five miles
per hour instead of bringing it to a full stop. (Sec. 42.d). see figure 9.

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Figure 7.2
Second General Rule on Giving the Right of Way
Vehicle 2 should be given the right of way to cross the intersection because it has already
entered the intersection ahead of vehicle 1.

Figure 8
Right of Way Rule on a Crosswalk
Vehicle 1 should give the right of way to pedestrians crossing on the crosswalk across its path.

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Main Highway

Thru Highway

Figure 9
Right of Way Rule on “Thru Highway” intersections
Vehicle 1 should yield the right of way to vehicle 2 because the latter is traversing on the main highway.

D.2. Exception to the Rights of Way Rule. Right of way rules do not apply in the
case:
a. Of a vehicle entering a highway from a private road or drive shall yield the right
of way to all vehicles approaching on such highway. (Sec. 43). See figure 10.

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Main Highway

Private Driveway

Figure 10
Right of Way Rule on “Private Driveway” Intersections
Vehicle 1 should yield the right of way to vehicle 2 because the former is approaching from a
private driveway.

b. The driver of a vehicle upon a highway shall yield the right of way to police or
fire department vehicles and ambulances when such vehicles are operated on
official business and the drivers thereof sound audible signal of their approach.
c. The driver of a vehicle entering a “through highway” or a “stop intersection”
shall yield the right of way to all vehicles approaching in either direction on
such “through highway”.

E. Starting, Stopping or Turning Rules. The driver of any motor vehicle on a highway,
before starting, stopping or turning from a direct line, shall first see that such
movement can be made in safety, and if any pedestrian may be affected by such
movement, shall give a clearly audible signal by sounding the horn.

E.1. When other Motorists are affected. whenever the operation of any other vehicle
approaching or following may be affected by such movement, shall give a signal plainly
visible to the driver of such other vehicles of the intention to make such movement.
(Sec. 44.a).

E.2. Hand Signal. The required signal shall be given by means of extending the hand
and arm beyond the left side of the vehicle, or by an approved mechanical or electrical
signal device. (Sec. 44.b). see figure 11 to 13.

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Figure 11
Standard Hand Signal when Turning to the Left

Figure 12
Standard Hand Signal when Turning to the
Right

Figure 13
Standard Hand Signal when About to Stop

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E.3. Making a Right Turn (Normal Procedures). The following are the rules to be
observed in making a correct turning to the right from a four-lane street to a four-lane
street. See figure 14 for further illustration.
a. Signal your intention to turn right with your turning signal light or a hand at
least 100 ft. before you intend to make your turn.
b. Stay on the right lane of the road.
c. Never make a right turn from left lane.
d. At an intersection with a red traffic light, make a right turn only after coming to
a full stop to make sure that no vehicle is coming from the left.
e. If there is a sign prohibiting a right turn unless the light is Green, DO NOT turn
right while the RED LIGHT IS ON.

1 2 3 4
(Outer) (Inner) (Inner) (Outer)

Figure 14
Making a right turn from a Four-Lane Street to Four-Lane Street
Vehicles 2 and 3 are doing the proper way of turning to the right, whereas vehicle 1 is doing it
the wrong way.

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E.4. Making a Left Turn (Normal Procedures). Motor vehicles intending to turn left
from a four-lane street to four-lane street should observe the following procedures:
a. Signal your intention to turn left with your turning signal light or a hand at
least 100 ft. before you intend to make your turn.
b. Stay on the left lane of the road.
c. Never make a right turn from right lane.
d. At an intersection with a traffic light, vehicles going straight have the right of
way. Wait for them to pass first before you turn left.
e. At an intersection with a traffic light, make a left turn ONLY WHEN THE GREE
LIGHT IS ON OR WHEN THERE IS A LEFT TURN LIGHT. See figure 15 for
clearer illustration.

1 2 3 4
(Outer) (Inner) (Inner) (Outer)

Figure 15
Making a Left turn from a Four-Lane Street to Four-Lane Street
Vehicles 1is making a left turn the correct way, while vehicles 2 and 3 are doing it the
wrong way.

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E.5. Making of U-turn on a two-lane Road (Normal procedure). Following are the
recommended procedure in making a U-turn on two lane road (see figure 16):
a. Make a right turn signal at least 100 ft before you start moving to the right side of
the road.
b. Stay as close to the right side as possible. Come to a complete stop if necessary.
Check behind you for traffic. Also check for oncoming traffic on the other lane.
c. Once all traffic has passed you, initiate your U-turn. See to it that you can make it
in one “sweep”. If you have a long vehicle, look for an intersection or a wide section
of the road to make a U-turn in.
d. At this point, you should be making the U-turn if you know the turning radius of
your vehicle.
e. Do not move immediately to the middle of the road. Keep to the right side until you
have increased your speed sufficiently to move to the middle of the lane.

Figure 16
Making a U-turn on a Two-Lane Road

E.6. Making a U-turn on a Four-lane highway (Normal procedure). Following is the correct
procedure (refer to figure 17).

Figure 17
Making a U-turn on a Four-Lane Road

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a. Check for traffic behind you and indicate your intentions with a left signal. If no
fast vehicles, stay on the left lane.
b. Clear the other side for oncoming traffic and initiate your turn as soon as it is
clear. Do not come to a complete stop straighten out on the right lane and begin
gaining speed.
c. As soon as you have reached a relatively safe speed, signal your intention to move
to the fast lane with a left turn signal.
d. Move to the fast lane as soon as you are fast enough to hold up traffic moving in
the same direction.

F. Pedestrians’ Rights and Duties. Pedestrians have the right to occupy or pass on spaces
or portions of traffic way allocated for them like crossing on pedestrian lanes and passing
on sidewalks or catwalks. In addition, pedestrians, as part of the traffic system, their
fundamental duty is to observe and obey all traffic rules and regulations. Motorists
should also know the rights if the pedestrians so that they will not be using the portions
of the traffic way allocated for the pedestrians for parking purposes.
G. General Parking Rules and Similar Regulations. Motor vehicles should park only on
areas specifically designated for parking. All accidents are not cause while vehicle are
being driven. A parked vehicle may create an accident, kill someone or destroy property.
Before leaving your vehicle, set the brakes, put the gear in low or reverse or park position
and remove the key. This will prevent your car from rolling down an incline and will also
prevent cars from pushing your car.
G.1. Parking on Cities. In cities and towns, unless otherwise directed by a city or
municipal ordinance, motor vehicles will be parked parallel and within 12 inches of the
curb. For additional precaution while parking, observe the following:
a. Downhill with or without curb- turn wheels to rights
b. Uphill curb with curb- turn wheels from curb
c. Uphill without curb- turn wheels to curb
G.2. Parking on a Highway. On rural roads, pull entirely off pavement to park. Whenever
practicable, turn on your parking lights.
G.3. Parking Prohibited in Specified Places. No driver shall park a vehicle, or permit it
to stand, whether attended or unattended, upon a highway in any of the following places
(see figure 18).
a. Within an intersection
b. On a crosswalk
c. Within six meters of the intersection of curb lines
d. Within four meters of the driveway entrance to any fire station.
e. Within four meters of a fire hydrant.
f. In front of a private driveway.
g. On the roadway side of any vehicle stopped or parked at the curb or edge of the
highway.
h. At any place where official signs have been erected prohibiting parking.

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Fire Station

Private Driveway

Fire Hydrant

Parked Motor Vehicle

Figure 18
Prohibited Parking Places
Note: Parking is prohibited on all checkered portions/ or places along the traffic way.

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https://thecorpusjuris.com/legislative/presidential-decrees/

https://www.lto.gov.ph/motor-vehicle-registration/313-registration-schedule-of-motor-
vehicles.html

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