Fair Traffic Apprehension Act

SMITT free of the Sint te TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES AUG -5 P2:08 First Regular Session SENATE RECENED BY. S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT ENFORCING FAIR TRAFFIC APPREHENSION, GRANTING FOR THE PURPOSE COMPENSATION TO DRIVERS OF MOTOR VEHICLES FOR IMPROPER TRAFFIC APPREHENSION AND IMPOSING ADMINISTRATIVE SANCTIONS FOR ERRING TRAFFIC ENFORCEMENT PERSONNEL EXPLANATORY NOTE Road traffic law violations are a major road safety problem in many countries. In 2024, the Land Transportation Office recorded more than 639,000 apprehensions for traffic violations, a 20.75% increase from the 529,439 motorists apprehended in 2023. Region IV-A which groups the provinces of Cavite, Laguna, Batangas, Rizal and Quezon registered the highest number of apprehensions, with 109,159 drivers caught violating traffic rules. While it is important for the government to ensure road safety and enforce traffic rules and regulations to prevent accidents, contact-based apprehensions are typically associated with potential problems of corruption in that some traffic enforcers will erroneously apprehend a motorist sans a traffic violation. Worse, many traffic enforcers follow a "ticketing quota" that requires them to issue a certain amount of Manalo, J. "LTO nets over 639,000 traffic rules violators in 2024," 3 Jan. 2025. Inquirer.net. https://newsinfo.inguirer.net/2021118/Ito-nets-over-639000-traffic-rules-violators-in-2024

traffic violation tickets at a certain period and some local government units allegedly give incentives to regular or deputized traffic personnel when they meet a certain "quota" for traffic citation. The motorist has no recourse but to pay the fine to skip the hassle of contesting the apprehension. This measure seeks to promote fair traffic apprehension by compensating motorists found to be wrongfully apprehended and imposing administrative charges against the traffic personnel involved. Not only that, this will also instill discipline among traffic enforcers and mindful of their acts on motorists. If passed into law, a drivers' compensation fund will be created, which shall be sourced from the collection of fines and penalties for all kinds of traffic violations, and administrative sanctions will be imposed on the erring apprehending officer. In this light, the immediate passage of this bill is earnestly sought. JINGGOY EJERCITO ESTRADA

vy Oftice of the son eaty TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES AUG -5 P2:08 First Regular Session SENATE RECEIVED BY S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT ENFORCING FAIR TRAFFIC APPREHENSION, GRANTING FOR THE PURPOSE COMPENSATION TO DRIVERS OF MOTOR VEHICLES FOR IMPROPER TRAFFIC APPREHENSION AND IMPOSING ADMINISTRATIVE SANCTIONS FOR ERRING TRAFFIC ENFORCEMENT PERSONNEL Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Fair Traffic

2 Apprehension Act'.

Sec. 2. Declaration of Policy, - It is the policy of the State to maintain

peace and order, promote discipline on the roads, and improve the traffic management system through efficient and fair implementation of traffic laws, 6 rules and regulations. Towards this end, the State shall protect the rights of motor vehicle drivers, provide reasonable compensation to drivers who are improperly apprehended and impose administrative sanctions against erring traffic enforcement personnel.

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

a) Driver refers to driver who is improperly apprehended; b) Traffic adjudication board refers to the office, division, bureau or service of traffic enforcement authorities whose function is to adjudicate contested and admitted apprehensions, including cases under appeal or motion for reconsideration;

c) Traffic enforcement authorities refer to Land Transportation Office, Metropolitan Manila Development Authority, Land Transportation Franchising and Regulatory Board, and Local Government Units; and d) Traffic enforcement personnel refers to traffic enforcers of traffic enforcement authorities, including deputized police personnel and other enforcers of different law enforcement agencies.

Sec. 4. Prescription and burden of proof. - Any driver of motor vehicle

apprehended by any traffic enforcement personnel may contest the traffic apprehension before the traffic adjudication board of the traffic enforcement authority to which the traffic enforcer belongs to within sixty (60) days from the date of apprehension or discovery of the same. The apprehending traffic enforcement personnel has the burden of proof and shall prove before the traffic adjudication board that the driver has committed the alleged traffic violation through the presentation of evidence apart from the usual testimony.

Sec. 5. Compensation. - Upon failure of the apprehending traffic

enforcement personnel to prove the traffic violation or upon proper showing by the driver of sufficient evidence that the traffic apprehension is improper and that there is no violation of any traffic laws, rules or regulations, the driver is entitled to compensation. The traffic adjudication board of the concerned traffic enforcement authority shall include in its decision the award or compensation to the complainant upon dismissing the contested traffic apprehension.

Sec. 6. Amount of Compensation. - The amount of compensation shall

include the incidental expenses incurred, moral damages suffered by the driver and the rate of wage. Thus, the total compensation is three (3) times the amount as may be computed as follows: a) If employed, the compensation is equivalent to the amount of daily wage multiplied by the number of times the driver took leave of absence from work to contest the improper apprehension. The driver must present a certificate of compensation as proof of the driver's employment and daily wage; or b) If unemployed, self-employed or with business, the compensation is

equivalent to the prevailing minimum wage in the locality where the driver was apprehended multiplied by the number of times the driver appeared before the traffic adjudication board to contest the improper apprehension. The driver must present a barangay certification or other documents as proof that the driver is unemployed, self-employed or with business. It is understood that the period of contesting the improper traffic apprehension starts from the filing of the protest up to the finality of the decision or resolution.

Sec. 7. Additional Compensation. - If the improper traffic apprehension caused

the impounding of the motor vehicle, the driver is entitled to an additional 10 compensation regardless of ownership of the motor vehicle impounded, equivalent to 11 daily wage as provided in the preceding Section multiplied by the number of wheels of the motor vehicle impounded and further multiplied by the number of days of impoundment. The traffic enforcement authority shall also pay for the expenses incurred for towing the motor vehicle, including the impound fee, if any, and the cost of damage to, or missing parts of, the motor vehicle, if any, that ensued during the impounding. The traffic enforcement authority shall ensure that a Traffic Violation Receipt (TVR), Ordinance Violation Receipt (OVR) or Impounding Receipt of Motor Vehicle (IRMV) is issued to the driver of a towed motor vehicle. If TVR, OVR or IRMV is not issued, the towing and impounding of the vehicle is presumed to be improper and illegal. The driver of the improperly towed vehicle shall report the incident and the traffic enforcement authority that accredited the erring towing companies shall immediately take the necessary steps for the release and return of the motor vehicle and payment of compensation to the driver.

Sec. 8. Drivers' Compensation Fund. - All traffic enforcement authorities shall

establish a drivers' compensation fund for the payment of compensation to drivers and the same shall be sourced from the collection of fines and penalties for traffic 29 violations. The traffic enforcement authority shall determine the amount that must be set 31 aside from the collection of fines and penalties for the drivers' compensation fund.

1 The traffic enforcement authority is authorized to maintain the drivers' compensation fund in an authorized government servicing or depository banks. The traffic enforcement authority concerned shall release the compensation within five (5) days from the finality of the decision and upon compliance of the driver 5 to the substantiation requirements. If there is delay in the release of compensation, the driver shall further receive an amount equivalent to the awarded compensation multiplied by the number of days of delays.

Sec. 9. Duties of the Traffic Adjudication Board. - In addition to the existing

10 duties of the traffic adjudication board, the traffic adjudication board shall: a) Provide advisory that the driver may seek legal assistance; b) Explain the proceedings in a language that the driver understands; c) Ensure an impartial and orderly conduct of the proceedings; d) Allow the driver to bring not more than five (5) persons during the hearing of the protest; e) Record on video the proceedings and allow any person present in the venue to record on video or live stream the proceedings and take pictures for documentation and for purposes of transparency and impartiality; f) Issue certificate of appearance and status of the protest without need of request; g) Submit a report or result of the investigation to the head of agency, bureau or office of the erring traffic enforcement personnel, for appropriate administrative action; and h) Award the amount of compensation provided under Sections 6 and 7 of this Act if the case is dismissed.

Sec. 10. Rights of the Driver. - The driver is entitled to:

a) Seek legal assistance from Public Attorney's Office and Integrated Bar of the Philippines, if necessary; b) Seek guidance and other form of assistance from advocate groups and other non-government organizations duly registered with the Securities and Exchange Commission (SEC);

c) Take photo or video to record or document the traffic apprehension and use the photo or video as evidence before the traffic adjudication board; d) Bring not more than five (5) persons during the hearing, including the witnesses and lawyer, if any; and e) Receive the amount of compensation as provided under Sections 6 and 7 of this Act.

Sec. 11. Administrative Sanctions. - Any traffic enforcement personnel who

willfully or negligently caused the improper traffic apprehension shall be held administratively liable. The concerned traffic enforcement authority shall, motu proprio, file the appropriate administrative case against the erring traffic enforcement personnel under existing civil service laws, rules and regulations. The head of agency, bureau or office of the deputized enforcer shall, upon receipt of the report or result of the investigation that the deputized enforcer willfully or caused the improper traffic apprehension, likewise immediately file the appropriate administrative case or disciplinary action against the erring deputized enforcer. The concerned officer of the traffic enforcement authority or head of agency, bureau or office of the apprehending traffic enforcer, deputized police personnel or enforcer who failed to file the administrative case against their erring traffic enforcement personnel, deputized police personnel or enforcer shall also be held administratively liable. The hearing officer or member of the traffic adjudication board shall also be held administratively liable if such officer of men her has shown partiality in adjudicating the contested case or failed to observe the duties and responsibilities provider under Section 9 of this Act. The aggrieved party, either the driver or traffic enforcement personnel, may initiate the filing of appropriate administrative case against the officer or member of the traffic adjudication board.

Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from the

effectivity of this Act, the Secretary of Transportation shall, in coordination with the Secretary of Interior and Local Government, Assistant Secretary of Land

1 Transportation Office, and Chairpersons of the Metropolitan Manila Development 2 Authority Land Transportation Franchising and Regulatory Board, issue the necessary rules and regulations for the effective implementation of this Act.

Sec. 13. Separability Clause. - If any provision or part of this Act is held invalid

or unconstitutional, the remaining parts or provisions not affected shall remain in full 6 force and effect.

Sec. 14. Repealing Clause. - All laws, executive orders, issuances, rules and

regulations. or parts thereof inconsistent with the provisions of this Act are repealed or modified accordingly.

Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,