PHILIPPINE NATIONAL POLICE PNPM-D-0-3-1-99 [TMG]
TRAFFIC MANAGEMENT MANUAL
CHAPTER I
BRIEF HISTORY AND MANDATE On November 4, 1954, Congressmen Gregorio Tan and Lorenzo Ziga were killed in a road tragedy. There being no unit at the time that handles the promotion of safety along the highways, the members of the two houses passed a resolution for the creation of a Police Unit that shall ensure safety along the Highways. The house resolution was sent into motion through General Orders No. 535, GHQ, AFP dated Dec. 6, 1954 activating the TRAFFIC CONTROL GROUP under the umbrella of the Philippines Constabulary. Its concern was strengthened through the force and effect of Executive Order No. 209 dated 22 December 1954 issued by President Ramon Magsaysay defining the power, duties and responsibilities of the Traffic Control Group (TRAFCON) " to include but is not limited to the enforcement of traffic safety laws, rules and regulations, general supervision of local police forces as to the enforcement of traffic laws, rules and regulations and assistance to the Bureau of Land Transportation (now LTO) in the enforcement of driver's license and motor vehicle registration requirements and regulations of motor vehicle public carries." Promotion of Traffic Safety along the Highways was the unit's mission while traffic supervision and control, in the implementation of Commonwealth Act No. 3992 was the organization's essential function. The Unit hit the highways with only 12 McArthur type jeeps, 12 Officers and 41 Enlisted Personnel mostly coming from the 10th BCT. In three years time, it expanded its operational jurisdiction into eight (8) Traffic Districts nationwide with the acquisition of 32 units of Ford Fairlane and the conduct of in-service training of new members/recruits. On December 1957, the TRAFCON is reorganized and further expanded to 27 Traffic Districts and Five Special Traffic Teams in Manila by virtue ofGO#262, HPC dated 27 Dec 1957. During this time, an effective communications network and equipment for the use of the unit was also set into motion. Due to its growing commanding presence and credibility in the highways, the said unit was engaged to manage a major traffic direction and control during the holding of the 10th World Boys Scouts Jamboree in Mt. Makiling on 17-26 July 1959. A year thereafter the group expanded its effectiveness through the procurement of eight (8) R-69 BMW and the formation of a Motorcycle Unit. This was the time where the distinctive boots, breaches, Sam brown belt and crash helmets emerged on the highways and became the distinguishing mark of the Highway Patrol Group. Several important changes in its function likewise occurred from 1961 to 1967 such as: 1. Its active participation with the operations of the Bureau of customs against" Hot Cars". 2. The establishment of the Safety Education Branch to educate erring motorist, and 3. It's new role in enforcing the Land Transportation and Traffic Code (RA 4136). The changes in its structure and function, and its ability to assume higher responsibilities was tested during the Manila Summit Conference where seven Heads of States, among them the US President, attended.
In 1968, the enforcement of RA 4136 and Public service Law (CA 146) along the National Highway was transferred and expressly made the responsibility of the TRAFCON by virtue of a Memorandum dated July 13, 1968 issued by President Marcos. In 1970, the Task Force ANCAR was created through Memo Circular # 346 dated 222 April 1970 with the present TRAFCON Commander as the Task Group Commander. The significance of the said event lies in the fact that the two units later evolved as the TRAFFIC CONTROL AND ANTI-CARNAPPING GROUP (TRAG) when the TRAFCON was reconstituted in 1971 by virtue ofGO#356, GHQ, AFP dated 17 Feb 1971. The personnel requirements were increased to 37 Officers and 419 Enlisted personnel and the 27 Traffic District Units were reorganized into four (4) TRAG Districts in the provinces corresponding to the four PC Zone Commands. In this era, the TRAG became well known for its Anti-Carnapping operations and relief and rehabilitation missions during flash floods in central Luzon. Later in July 1972, the TRAG was renamed as CONSTABULARY HIGHWAY PATROL GROUP by virtue of G0#315; HPC dated 15 June 1972. The unit's Mission was expanded from promotion of traffic safety to include the conduct of operations against carnapping, hi-jacking, hold-ups and assistance in suppression and investigation of other crimes committed on the highways involving the use of motor vehicle. It is during this year also where carnapping cases became a national concern so that through the initiative of the CHPG Legal Officers Lt. Col Moises L. Quilang and Capt Raul M. Padrelanan, the Anti-Camapping Bill was drafted and becomes the function of CHPG following its approval in Congress on 26 August 1972. At the onset of the declaration of Martial Law, the CHPG assumed an even bigger role when the President designated the CHPG Commander as his personal representative and Military supervisor on traffic and transport management in EOT, LTC, Offices of City and district engineers of City and Municipal Mayors. Additionally, the implementation of LOI#43 and DND Orders No. 728 for the removal of traffic hazards and promotion of safety along the highways, and regulating the use of tinted glasses and blinds on motor vehicle windows was also tasked to the CHPG. The following year, the implementation of PD 96 and PD 101 was also added to its function. From 1973 to 1979, the CHPG assumed various special functions that include implementation of at least 30 traffic related special laws. Among them are the following to name a few: PD 175 (strengthening the MV Cooperative movement), PD 492 (Creating the Manila Transit Corp.), PD 522 (Providing for the inspection of Restaurants and hotels along the national highway to insure sanitary conditions in the interest of tourism), PD 6112 (Prescribing third party compulsory MV liability insurance) etc., It has also participated in various implementation of different traffic schemes, Rescue and rehabilitation Operations plans, implementation of pollution control and environmental laws and most especially, the unit became known for its anti-carnapping operations. In 1982, another Anti-Carnapping Task Force was created but was eventually dissolved in 11987 and most of its officers, men and equipment were absorbed by CHPG. During this period also saw the increase in its personnel and equipment. During the merger of Philippine Constabulary and the Integrated National Police, the CHPG underwent several more changes both in its organizational structure and name. In June 1990, President Aquino issued an Administrative Order No. 176 designating PC/INP through the Highway Patrol as the lead agency in government operation against camapping and other related crimes. Through its progressive years in existence, it metamorphosed into what is popularly known as the Highway
Patrol Group and for a long time been feared both by drivers and carnappers. During the congressional session for the enactment of RA 6975 (PNP Law), the Traffic Management Unit of Capital Regional Command (CAPCOM) under Gen. Macasiano popularly known as " Chocolate Boys" succeeded in lobbying for the inclusion of the said unit in the Bill being deliberated. When RA 6975 was implemented, the Highway Patrol Group assumed the name of Traffic Management Command (TMC) and the " Chocolate boys" were absorbed subsequently thereafter. In 1991, the TMC played a major role in the relief and traffic assistance during the Mt. Pinatubo eruption that devastated the road networks of most of the Cities and Towns in central Luzon Seven years after the said eruption, it still continues to provide an aggressive traffic control and safety whenever the dam created to protect the built-up areas is breached. During this time also from 1991 to 1995, the TMC maintained its role in the promotion of safety along the highways and as an active Anti-carnapping operator. The changes in the traffic management approach however, honed the TMC to assume a more technical role in its functional strategy on traffic management particularly in its relation with the MMA (which later became MMDA), DPWH, DOTC, UP and other Government constituted boards that are in-charged of urban planning and strategic transport studies. More of its officers and men were sent to study traffic management in UP and abroad. In 1996, the TMC's capability to provide efficient traffic management and escorting missions was also tested during the APEC Meeting where at least 17 Economic Leaders and about 200 Senior Officials participated in year's conference. During the period immediately following the APEC Conference, the TMC was earmarked for dissolution but the move aborted primarily because of its historical importance and its role in the promotion and maintenance of Safety of Life and Property along the Highways. It is likewise during where the TRAFFIC SAFETY ACT OF 1996 was drafted by the Asst. Director for operations, TMG and was submitted to Directorate for Plans, PNP for representation as a result of the tragic death of two important local official and 15 others injured in a single car accident in Quezon Province. The proposed bill was sent to the Office of Cong. Natividad by DPL for sponsorship but apparently, it did not merit immediate consideration. In line with the streamlining and renaming the PNP organization as provided under NAPOLCOM Resolution No. 96-058, the Traffic Management Command was renamed to Traffic Management Group pursuant to PNP Memorandum Circular DPL 96-01 dated September 25, 1996. Today, as the traffic environment and the ramifications of the camapping situation requires a more comprehensive traffic safety strategy and modern approach in the policing systems, some modifications in its mission, goals, functional strategy and policy statements were made to suit the increasing and changing demands of the current situation.
CHAPTER II VISION
"Our vision is to make the Traffic Management Group a credible, efficient and effective professionalized organization capable of providing and sustaining a traffic environment conducive to economic growth, held in high esteem, and supported by the people" MISSION To promote safety along the highways, enhance traffic safety consciousness through inter agency cooperation concerning public traffic safety engineering, traffic safety education, and traffic law enforcement functions, and develop reforms in the crime prevention aspects against all forms of lawlessness committed along the national highway involving the use of motor vehicles. GOALS a). To enhance Public Traffic Safety awareness and road discipline b). To Improve Road Traffic Engineering situation. c). To improve Traffic Law Enforcement Action d). To maintain a reasonable degree of law and order in the national Highways. FUNCTIONS a) To formulate and conduct aggressive education programs, projects, and activities that will be carried out down to the provincial, city and municipal levels through mutual cooperation between government functionaries. b) To maintain safe-travel worthiness of roads and bridges through patrolling and survey of any defects, and ensure completeness of road lights, traffic signals, informative signage and other safety devises and fixtures. c) To enforce Traffic Laws, and other Special Laws, Presidential Decrees, Regulations, Ordinances, Department circulars, and Letters of Instructions related or pertaining to traffic and environment, conduct investigation and scientific research and develop database pertaining to traffic accidents and other safety infringements along the highways. d) To conduct motorized patrol to safeguard and protect persons and properties, preserve the peace, maintain order, prevent the commission of crimes, suppress criminal activities, apprehend criminals, neutralize syndicated group that victimizes motorist, and spearhead operations against Carnapping, Hi-jacking, Highway Robbery and other forms of criminality along the highway. e) To maintain and improve database for Wanted Motor Vehicle Information System (WVIS) and develop Wanted Carnapping Personality Information System, issue MV Clearance (WVIS) in pursuance to RA 6539 and PD 532. f) Enforce deputation orders of other law enforcement agencies pertaining to regulations and restrictions on the acquisition and use of motor vehicles along the highways, entry and exit points between inter-island travel. CHAPTER III ORGANIZATION
The Traffic Management Group is headed by a Director and holds its Offices inside Camp Crame, Quezon City. He is ably assisted by two deputies and a chief of staff and with the following staff assisting also the Director on various staff functions and procedures. A. ASSISTANT DIRECTOR FOR PERSONNEL Functions: 1) Advise the TMG Director on matters pertaining to personnel and records management. 2) Study and serve information pertaining to the personnel activities of the command. 3) Furnish estimate, advise and analysis to the TMG Director on personnel matter. 4) Prepare personnel plans and projections. 5) Supervise and monitor all reports development program/activities of the TMG. 6) Recommend changes in plans, policies and orders to ensures the efficient procurement and employment of the human resources of the Group. 7) Translate decision into directive concerning personnel information and movement or deployment of elements of the Group. 8) Administer and manage pertinent records of uniformed and non-uniformed personnel and the records of the Group. 9) Prepare the budget for personnel and records management and act as Assistant Program Director for PNP Funds therefore: 10) Perform other functions as the TMG Director may direct. B. ASSISTANT DIRECTOR FOR INTELLIGENCE AND INVESTIGATION Functions: 1) To prepare intelligence plans, policies and programs of TMG and to coordinate, control, direct and supervise the implementation of such plans, policies and programs. 2) To evaluate and integrate all intelligence projects of the TMG. 3) To produce intelligence for use of the Director, TMG and disseminate same to all line units/offices. 4) Assist in the direction, control, coordination, supervision of the investigation of crimes and other offenses in violation of the Laws of the Philippines. 5) Monitor and ensures that the investigation of crimes and other offenses terminates with the arrest and successful prosecution of the suspects. 6) Provide expert and effective advise and/or assistance in the investigation of major crimes and sensationalized cases. 7) Conduct studies, researches and formulates policies and plans to enhance the investigative efficiency of the PNP TMG. 8) Supervises the maintenance and management of the investigative support and conduct studies and researches to promote the scientific investigative activities of the PNP TMG.
9) Formulate plans and policies towards the enactment of laws to enhance the successful investigation and prosecution of crimes in close coordination with the staff concerned. C. ASSISTANT DIRECTOR FOR OPERATIONS Functions: 1) Plan, coordinate and supervise operations and integrate and coordinate support units activities 2) Prepare and evaluate mobilization, assignment, employment and deployment of units in coordination with other staffs. 3) Prepare, coordinate and issue operational order and directives in accordance with NHQ, PNP policies and guidance; and 4) Maintain coordinate liaisoning with support/allied units and other agencies such as the MMDA on matters pertaining to traffic management policies especially in NCR and local traffic units. D. ASSISTANT DIRECTOR FOR LOGISTICS Functions: 1) Plans, supervises and coordinates all activities related to supply, evacuation and hospitalization, constructions and real estate, maintenance of equipment and facilities, and miscellaneous related logistical activities. 2) Supervise, monitor the conduct of test and evaluation on items procured by the Group as to its need feasibility and acceptability and review and improve research and development, table and equipment procedures regarding clothing, weapons, transportation, communication, criminalistics, requirements of the Group by developing PNP specification on accordance with domestic and international standards. 3) Ensure the economical of material resources by supervising and monitoring cognizant units in the preparation of test, analysis and evaluation of equipment report for the efficient accomplishments of the Group mission. 4) Perform other related functions as directed by higher authority. E. ASSISTANT DIRECTOR FOR POLICE COMMUNITY RELATIONS Functions: 1) Exercises primary staff supervision in the planning, direction, coordination and monitoring of TMG activities pertaining to Police Community Relations. 2) Develops plans and programs to generate public perceptions toward the TMG in general and the PNP as a whole. 3) Supervises the production and circulation of general information materials. 4) Established and maintains inter-agency information linkages. 5) Conduct public information project assessments and evaluations. 6) Enforce public awareness on anti-carnapping operations of the Group, enforcement of RA 4136 and other special laws. F. ASSISTANT DIRECTOR FOR COMPTROLLERSHIP Functions:
1) To assist the Director in the disbursement of all funds entitled to the Group. 2) To prepare all reports regarding all disbursement and expenditures of the Group. 3) To assist Direction in the preparation of POE, PRA and Proposed Budget for the Fiscal Year. 4) Perform such other duties as may be directed by the Director, TMG. G. GENERAL SERVICE OFFICE Functions: 1. Chief, GSO a) Advice the Director, TMG on matters pertaining to all administrative activities of the Group. b) Supervises the accounting of all personnel of the Group. c) Monitor and supervise all the administrative activities of the Group. d) Take charge in the implementation of the Group policies or guidelines as well as being required conference and meeting. e) Attend to the regular conference and meeting. f) Supervise the cleanliness and orderliness of the TMG building and its surroundings. g) Perform other duties as directed. 2. Head Building and Ground Maintenance Section a) Directly supervise the cleanliness and orderliness of the building and round maintenance. b) Act as the Head Administrative Office. c) Assist the GSO in the implementation of the Group policies and guidelines as well. as the NHQ PNP. d) Act as the QIC, GSO in the absence of the C, GSO. e) Perform other duties as directed. 3. Head Central Vehicle Impounding Area a) Act as the Head of the Central Vehicle Impounding Area. b) Supervise the accounting of all impounded motor vehicle. c) Perform other task as directed 4. Custodial Section a) Act as the Head of the Custodial Section. b) Supervise the security, receipt and released of detainees of the Group. c) Perform other duties as directed. 5. Action PNCO (ESSPO) a) Conduct daily accounting of personnel of the Group, formation for dissemination of policies and guidelines of the Group. b) Prepare weekly detail of PCO and PNCO.
c) Perform other duties as directed. 6. Records PNCO a) Coordinate and provide Admin requirements needed by the Office. b) Maintain Admin/files and records. c) Maintain all equipment's and supplies and materials issued to this Office. d) Perform other duties as directed. 7. Escort a) Provide security escort to all detainees of the Group. b) Perform other duties as directed. 8. Computer Operator/Data Controller I a) Assist the ESPO, GSC/TMG in the preparation of reports conduct to TMG personnel during Monday Flag Raising, Morning Formation, Friday Flag Retreat, Saturday Inspection and accounting of TMG personnel. b) In-charge in the preparation of Memorandum to TMG personnel who has administrative cases (AWOL), Summons, Explanation, Duty Detail and other communications. c) Perform typing/computer jobs and Data Clerk. d) Process/consolidate and assist the ESPO in preparing the PER of GSO/TMG personnel twice a year. e) To coordinate with other Offices in the matter involving Group activities, security, cleanliness and other similar activities. f) Designate as TMG Sports fest Secretary/Coordinator of this Group yearly to date. g) Maintain the filing system of records of all outgoing and incoming commos. h) Perform other duties and tasks as directed by my Superior Officers. 9. Clerk II a) Receives communications for typing from immediate supervisors pertaining to the Group's function and mission. b) Records all incoming/outgoing communications from Br/Sec/Div ofHqs TMG and other NHQ PNP Units. c) Files and assorts communications of the Group. d) Does Group Liaisons to other Offices within the Camp and NHQ. OPERATING UNITS: A. Regional Traffic Management Offices 1) Perform the mission and function of the TMG in areas of jurisdiction covered by Regional Police Office (PROs). 2) To support and act as adviser of the PNP Regional Director on Traffic Management and Anti-Carnapping functions of the PNP Regional Commands. 3) Perform other functions as the Director may direct.
Traffic Management Group Provincial Teams 1) UPR in carrying out plan of actions of the Group thru the Regional Offices under the operational guidelines of the Regional Directors within AOR. 2) Perform other functions as Higher Headquarters may direct. B. Special Operations Division 1) Conduct operation against carnappers, Carnapping syndicate and those violating the Anti-Fencing Law. 2) Investigate owners/possessors of motor vehicle with questionable papers and/or tampered chassis and motor numbers. 3) Provide and maintain records of stolen/recovered and/or released motor vehicles. 4) Perform other functions as the Director TMG may direct. C. Motor Vehicle Clearance Office. 1) Assist the Director, TMG on matters pertaining to the receiving, processing, and issuance of Motor Vehicle Clearance Certificate. 2) Responsible for the consolidation and maintenance of the records of the Wanted Information System (WVIS) and provides updated computerized statistical data on Carnapping. 3) Provides an updated record of the files of Wanted Vehicle Information System (WVIS) to all RTMOs and other PNP units maintaining records the same. 4) Perform other functions as directed. The Regional Traffic Management Offices throughout the geographical regions in the country. Provincial Traffic Management Offices were also distributed among the provinces. The RTMOs has the following addresses: Regional Traffic Management Office 1 Camp Diego Silang, Carlatan, San Femando, La Union Regional Traffic Management Office 2 Baligatan, Ilagan, Isabela Regional Traffic Management Office 3 Camp Olivas, San Femando, Pampanga Regional Traffic Management Office 4 Camp Vicente Lim, Canlubang, Calamba, Laguna Regional Traffic Management Office 5 Camp General Simeon A Ola, Legazpi City Regional Traffic Management Office 6 Camp Delgado, Iloilo City
Regional Traffic Management Office 7 Camp Sotero Cabahug, Gorordo Ave., Cebu City Regional Traffic Management Office 8 RTR Plaza, Tacloban City Regional Traffic Management Office 9 Justice R.T. Lim Blvd., Zamboanga City Regional Traffic Management Office 10 Camp Evangelista, Cagayan De Oro City Regional Traffic Management Office 11 Ecoland, Davao City Regional Traffic Management Office 12 Gen. Santos Drive, Koronadal, South Cotabato Regional Traffic Management Office 13 (CARAGA) Camp Rafael C Rodriguez, Libertad, Butuan City Regional Traffic Management Office ARMM PC Hill, Cotabato City Regional Traffic Management Office CAR Government Center, Baguio City
ORGANIZATIONAL CHART OF TMG PERSONAL STAFF
DIRECTOR Legal Srv
IIA
GESPO
ADM
DEPUTIES STAFF DDO
DDA CDS
ADP
ADP
DIRECTORIAL STAFF
ADP
ADL
ADC
PRS
ADHRDD
OPERATING UNITS GSO
MVCO
SOD
RTMOs
ASSISTANT DIRECTOR FOR PERSONNEL CHIEF
DEPUTY
ADMIN BRANCH
MORALE & WELFARE BRCH
RECRUITMENT SELECTION BRCH
PROMTION BRCH
INTELLIGENCE AND INVESTIGATION
PIO
ASSISTANT DIRECTOR FOR OPERATIONS
ASSISTANT DIRECTOR FOR LOGISTICS
OFFICE OF THE ASSISTANT DIRECTOR FOR COMPTROLLERSHIP
GENERAL SERVICES OFFICE
REGIONAL TRAFFIC MANAGEMENT OFFICES
MOTOR VEHICLE CLEARANCE OFFICE
SPECIAL OPERATION DIVISION
CHAPTER IV
The TMG ACTIVITIES consists of the following: A) TRAFFIC CONTROL & SAFETY - Control of Highways and major thoroughfares, and facilitates the safe and rapid movement of vehicles, people and goods. The inconveniences, dangers and economic losses arising from this movements, delays/congestion and unnecessary exposures to any forms of traffic safety infringements were being minimized through. 1) Study of causes of accidents, gathering of data and analysis of facts related or interrelated with driver's behaviour, roads and weather condition, and mechanical factors. 2) Discovery of remedies to the causes of accidents and other safety infringements that may involve changes in the physical conditions that create hazards. 3) Effective Traffic Management in highly urbanized Cities and Municipalities. Necessarily, it involves three strategic concepts: i) Police Traffic Engineering - While General Engineering being discharged by DPWH deals on structural, this function is intended to discover and remedy the causes of accidents and congestion hazards. It includes the conduct of road surveys and studies, and develops database relating to accidents, traffic flow and volume, parking, and driving practices. It also includes but is not limited to the design of remedies for traffic accidents and congestion through the use of signs, signals, road/ lane markings, channellization of intersections, loading and parking facilities and street/highway lighting. ii) Traffic Safety Education - in cooperation with different government functionaries, traffic safety education and information programs, projects and activities were being carried out for juveniles and drivers for traffic signal light and signage’s recognition; proper use of walkways and crossing lanes; and prohibitive, regulative and informative acts embodied under RA 4136 and other traffic related special laws. It includes but is not limited to the organization of community oriented traffic safety clubs and associations down to the City and Municipal levels and creation or modification of city municipal parks and school compounds as instruments of safety education. iii) Traffic Law Enforcement - enforcement is not being limited to punitive measures based on arrest and prosecution but includes non-punitive procedures such as active and conspicuous patrol, warnings, workshops and other enforcement techniques such as community service. Unreasonable arrest are avoided, and warning and non-punitive enforcement procedures are substituted for citations when driving history and circumstances warrant. B) CRIME PREVENTION - active operations along the highways and thoroughfares are the responsibility of the chief of units and the subordinate commanders in charge in a particular area which are directed at the following primary task to minimize or deter any forms of lawlessness and ensure safe travel. 1) Patrol - The patrol force safeguard and protect persons and properties, preserve the peace, maintain order, prevent the commission of crimes, suppress criminal
activities and apprehend criminals victimizing motorist along the highways and thoroughfares. 2) Investigation - the investigating force inquiries and clears the crimes committed along the highway by the recovery of stolen/hijacked property and/or the arrest and prosecution of the perpetrators. The programs, projects and activities that are being launched to operationalize the thrusts pertaining to the above strategic functions are the following to name a few: a) Education 1. Design of a Traffic Safety campaign messages depending on the season (wet/dry) being launched through tri-media. The assistance of civic Organization and the business sectors for the necessary Billboards and Campaign paraphernalia’s/materials are often tapped. 2. Conduct of Interpersonal/Face-to-face education campaign through seminars & dialogues. 3. Coordination with Radio/TV Stations for an airtime on traffic safety campaign messages. b) Engineering 1. The conduct of periodic patrols and surveys of all major thoroughfares/highways within respective AOR or different RTMO'S and rendering of reports to DPWH for the presence of pot-holes, eroded banks, collapsed road shoulders, construction debris or any observation of impediments and defects that may pose danger to motorist. 2. The different RTMO'S canvas/inventory the completeness of road signages in the highways and submit report to DPWH for their action. 3. Require construction firms doing road repairs to hire traffic aids and ensure that construction areas are provided with necessary barricades and warning systems, (signage’s & lighted warning system). 4. The RTMO'S scout and recommend blind curves and dangerous curves that are considered accident prone areas for the establishment of necessary signages & Bill Boards. c) Enforcement 1. Different RTMOs conduct periodic law enforcement campaign (RA 4136) with emphasis on driver's associated violations such as over speeding, recklessness, intoxication, fatigue, etc. 2. Conduct a campaign against vehicle associated violations such as defective brakes, headlight & taillights. 3. Conduct a campaign to strictly enforce the above tasks and require drivers to undergo seminar/dialogue before their driver's licenses are remitted to LTO for collection of fines, or released. Drivers involved in accidents being investigated were likewise made to undergo seminars before their licenses were released.
The Traffic Management Group is one of the operational support units of the Philippine National Police that are tasked to ensure road safety, to prevent and control crimes along the highways with the use of motor vehicles. Specifically, the TMG is tasked to conduct operations on anti-camapping, anti-hijacking and anti-hiway robbery. These are highly mobile crimes that transcend municipal and provincial boundaries and call for immediate police operations and order to prevent the disposal of the objects of the incident. In view of the said functions, the Group's organizational structure was. Tailored in such a way that offices perform complimentary roles for a more efficient dissemination of information and immediate police operations. Corrolarily, there are three important special laws, aside from RA 4136 and more or less 30 other traffic related special laws, being implemented by TMG namely; RA 6539 known as the Anti-Carnapping Act of 1972, PD 1612 known as Anti Fencing Law for the conduct of Visitorial Powers in connection and in relation with RA 6539, and PD 532 known as Anti-Hijacking Law. All of these violations involve extensive use of motor vehicles in the commission of the crime and are also technically complex. By its nature, the rapid movements of stolen/hijacked motor vehicles/goods requires a database that is nationwide in scope. In relation with the two functional components to the promotion of Road Safety, TMG National Headquarters and its different RTMOs are maintaining two important technical systems that require regional and provincial presence nationwide. The first one is in connection with Traffic Safety, which is the Traffic Accident Reporting and Collection System (TARCS), an IBRD assisted Highway Management Project Road Safety Component that collates and analyzes the nature of accidents through the aid of computers so that proper remedy and solutions maybe formulated. The other one is in connection with crime prevention against any forms of lawlessness involving the use of motor vehicles along the highways which is the computerized Wanted Motor Vehicle Information System (WMVIS) which treats on the nature of Carnapping and Hijacking situation nationwide. The following are the specific description of the technical functions of the different TMG offices: a. MOTOR VEHICLE CLEARANCE OFFICE 1. Maintains and manages the Motor Vehicle Information System (MVIS) which serves as the database of all the reported carnapped motor vehicles. This database is also being used by the Land Transportation Office (LTO) and Insurance companies. 2. Issues Motor Vehicle Clearance which form part of the legal documents required by LTO, and 3. Causes the nationwide dissemination of information on carnapped vehicles. b. REGIONAL FIELD OFFICES 1. Issue Motor Vehicle Clearance in their respective AOR. 2. Receive and process complaints of Carnapping incidents for the nationwide alarm; 3. Maintain and manage the MVIS and cause the dissemination of all information therein to other PNP units and the LTO. 4. Maintain and manage the collection, collation, encoding and analysis of Traffic Accidents nationwide. The data gathered and collated support the planning
requirements of DPWH; DOTC and other Government agencies that have traffic functions. 5. Conduct anti-Carnapping operations along National hi-ways; and 6. Enforce the following special laws: a. RA 4136 (Land Transportation and Traffic Code); b. PD 96 (Unlawful use of sirens, dome lights, blinkers and other unauthorized attachments on motor vehicles); c. PD 532 (Highway Robbery / Brigandage); d. RA 6539 (Anti-Carnapping Act of 1972);
CHAPTER V
TRAFFIC ENFORCEMENT ACTION 1. INTRODUCTION (a) Traffic law enforcement action is part of enforcement involving the arrest, issuance of Temporary Operator's Permit (TOP) or Traffic Violation Receipt (TVR, in Metro-Manila only) or Inspection Report Summons, or warning of any person to the use of traffic roads. Traffic enforcement action may prevent such violation from endangering persons, property or inconveniencing other users of traffic roads, prevent continued violation, or discourage future repetition. (b) As traffic law enforcement, you must decide the kind of action you will take in case you have knowledge of any violation. Drivers are guided more by the enforcement actions of traffic law enforcement than by the way the law is written. It is therefore important that you should know what to do and be consistent in your actions so that drivers may know exactly what to expect. Take note that your consistency in the enforcement of traffic laws builds respect and compliance with the law. 2. KINDS OF ENFORCEMENT ACTIONS (a) Traffic Arrest — takes place when you take a person in custody for the purpose of holding or detaining him to answer a charge of traffic law violation before a court. (b) Issuing Temporary Operator's Permit or Traffic Violation Receipt — is done when you find that the violation of person charged contemplates a trial adjudication or disposition to determine his guilt. (c) Traffic Warning — is done when you find that the violation does not contemplate an assessment by the traffic court. 3. ARREST (a) An arrest can be effected even without warrant if the offense is committed in the presence of an arresting officer. (b) The officer making an arrest must intent to take the violator into custody for the purpose of bringing before a court. (c) Detention of the arrested person may take place. (d) Officer making an arrest must act under legal authority when taking the arrested person into custody. (e) The person being arrested must understand that he is being arrested. (f) The purpose of arrest is to bring a suspended violator before a court to answer a charge of law violation. 4. RECORDING THE DATA OF ARREST Whichever action is used by the Agency, the following information is necessary: (a) Data/Time of Arrest (b) Place of Arrest (c) The common name of the offense for which the person is arrested.
(d) The full name of the arrested person, his home address, his business address and his telephone number. (e) Physical description of the arrestee, including his date of birth, nationality and marital status. (f) Name of witnesses to the arrest. (g) Name and badge number of arresting officer. 5. WHEN TAKING PERSON INTO CUSTODY (a) Always consider the possibility that the person you are arresting may attempt to injure or kill you. (b) Inform him that you are placing him under arrest. (c) Explain to him why you are placing him under arrest. (d) Reasonable search may be carried out in connection with the lawful arrest. 6. WHEN TRANSPORTING ARRESTED PERSONS (a) If your unit equipped with radio, request for a transportation unit and maintain custody of your prisoner until it arrives. (b) Give instructions to the transporting officer about the place where the arrestee is to be delivered. (c) Have the necessary information and instructions written out so that the transporting officer will not err in delivery. (d) In certain conditions, direct the arrested person to drive his own vehicle to your Headquarters and follow him with your police mobile. However, if the driver is not in good condition or the vehicle is in bad shape, let someone drive the vehicle to the Headquarters. 7. HOW TO USE THE TEMPORARY OPERATOR'S PERMIT (TOP) OR THE TRAFFIC VIOLATION RECEIPT (TVR) The TOP is an official document designed for various purposes, namely: (a) It serves as a receipt for the confiscation of a vehicle. (b) It serves as a temporary permit to operate motor vehicles for seventy-two (72) hours without extension from the time of confiscation or apprehension. (c) It is an official form of judicial or administrative citation to administratively or judiciary. (d) It is a record for disposing a case cited therein, either administratively or judiciary. (e) It is also a receipt for release of the confiscated items after adjudication and termination of the case. The Traffic Violation Receipt is issued only in Metro-Manila. It conforms with RA 7524 creating MMDA and calls for a single ticketing system in Metro-Manila. It serves as a receipt for the driver's license or plate confiscated. 8. APPREHENSION As an Apprehending Officer duly deputized by the LTO or MMDA, you may confiscate the driver's license or certificate of registration of the vehicle for any
violation of the Land Transportation and Traffic Code and its rules and regulations, City and Municipal Ordinance. You should fill out the blank space of TOP forms in order to provide a detailed report of apprehension for the information, guidance and reference of all concerned. You should advise the violator to report within seventytwo (72) hours, but not less than twenty-four (24) hours to give allowance for proper transmittal from receipt thereof to: (a) City/Provincial Fiscal, if in other chartered cities or provincial capitals without traffic courts, for violations of local traffic ordinances. (b) Municipal Court, in its municipalities, for violation of local traffic ordinances. In the case of the TVR, Apprehending Officers are required to transmit confiscated licenses to the nearest MMDA Redemption Centers where the violation was committed within 36 hours. 9. PREPARATION OF INFORMATION/COMPLAINT Within your tour of duty, prepare information or complaint by filling up the TOP for processing of all traffic apprehensions at the appropriate offices. 10. FILING OF INFORMATION/COMPLAINT Within twenty-four (24) hours from the time of apprehension, file the complaints, together with the confiscated items, with the Clerk of Court, City or Provincial Fiscal or the court having appropriate jurisdiction. When the driver is charged for violating the Land Transportation and Traffic and Traffic Code or its rules and regulations, the traffic enforcement unit forwards the confiscated license/ permit/certificate of registration plus the original copy of the TOP to the Land Transportation Commission or to its nearest branch office within twenty-four (24) hours form the time of apprehension. 11. PRELIMINARY FINDINGS AND DISPOSITION OF LICENSE Within seventy-two (72) hours or three (3) days from the filing of the case with the respective traffic enforcement offices, the hearing authority shall make immediate preliminary findings on the basis of police or complaining witnesses reports as to whether or not there is an imperative necessity of withholding the driver's license confiscated. Should there be no such necessity, he shall promptly order the return of the confiscated license to the owner without prejudice to recalling said license, it becomes necessary for the prosecution of trial of the case, pursuant to Circular No. 44, dated July 17,1970 and Circular No. 53 dated August 11,1970 of the Honorable Secretary of Justice. Where the violator fails to appear before the court or the investigating official concerned, his license/permit shall be forwarded to the LTC for its suspension or revocation pursuant to Sec. 29, RA 4136.
12. RECORDS OF COURT PROCEEDINGS
When the violator appears in Court within fifteen (15) days and pleads guilty, the Clerk shows the fine schedule and the violator pays the fine at the Treasurer's Office, receipt of which is shown to Clerk of Court who records the same on the TOP, and his license, if cleared for release, is now returned to the driver. If the violator appears after fifteen (15) days, his license is forwarded to the LTC for suspension or revocation, he shows his TOP copy to the LTC for proper disposition of his license. Clerks of Court, in every case, should inform the LTC and/or the apprehending officer of the final disposition of the case. The violator appears in Court and desires not to plead guilty to the charge, the Clerk of Court sets the date of hearing and notifies the accused accordingly and sends a corresponding subpoena to the apprehending officer for his appearance. When the accused is found not guilty after the trial, his license, if in the possession of the Court or of the LTC, shall immediately be returned to him unless there is any other legal ground for its suspension or revocation.
TRAFFIC ACCIDENT INVESTIGATION
1. GENERAL To know what question to ask and what to look for, you must have some fundamental bearing on accidents and their causes. When you speak of a traffic accident, everybody knows what you mean - something went WRONG on the highway, either a car wrecked, somebody injured or possibly killed. In this relation, as traffic law enforcer you should have knowledge of traffic accidents and their investigations. 2. TRAFFIC ACCIDENT INVESTIGATION DETERMINES THE FOLLOWING: (a) WHAT happened? (b) WHO and WHAT were involved? (c) WHERE did it happen? (d) WHY did it happen? (e) HOW did the accident occur? 3. DEFINITION OF TERMS (a) Motor Vehicles — Any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, streetssweepers, sprinklers, lawn mowers, bulldozers, graders, forklift, amphibian trucks, cranes if not used on public highways, including vehicles which run only on rails or trucks, tractors, trailers and tractor engines of all kinds used exclusively for agricultural purpose. (b) Traffic Way — The entire width between boundary lines of every way or place any part of which is open to the use of public for purpose of vehicular traffic as a matter of right or custom. (c) Road Way — The portion of a traffic way which is improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder. (d) Motor Vehicle Traffic Accident — Is any motor vehicle accident occurring on a traffic way involving a motor vehicle in motion that results in death, injury or property damage. (e) Motor Vehicle Accident — Any event that results in unintended injury or property damage attributed directly or indirectly to the motion of a motor vehicle on the road. Included are: 1. Accidental injury from inhalation of exhaust gas 2. Fires 3. Explosions 4. Discharge of firearms within the motor vehicle while in motion. 5. Collision between a motor vehicle and a railroad train or streetcar on stationary rail or trucks. 6. Failure of any part of the motor vehicle while vehicle is in motion.
Excluded are:
1. Collision of motor vehicle with an aircraft or watercraft in motion. 2. Injury or damage due to cataclysms (flood or sudden physical change of the earth surface). 3. Injury or damage while the motor vehicle is not under its power, is being loaded on or unloaded from another conveyance. (f) Motor vehicle Non-Traffic Accident — is any motor vehicle accident, which occurs entirely, is any place other than a traffic way. Example: Motor vehicle accident is a farm or in a private driveway. (g) Non-Motor Vehicle Traffic Accident — Is any accident occurring on a traffic way involving persons using the traffic for travel on transportation, but not involving a motor vehicle in motion. Example: Collision between a pedestrian and bicyclist on a sidewalk. (h) Traffic Unit — Is any person using a traffic way for travel parking or other purpose as a pedestrian or driver, including any vehicle, or animal which he is using It applies not only to motor vehicle but also to: 1. Pedestrians 2. Cyclist 3. Street Car 4. Horse -drawn vehicles 5. Farm tractors 6. Other road users in almost any combination Example: A traffic accident could involve a cyclist and a pedestrian. 4. CLASSIFICATION OF MOTOR VEHICLE TRAFFIC ACCIDENTS (a) Running-off road (b) Non-collision on road 1. Overturning 2. Other non-collision (c) Collision on road with: 1. Pedestrian 2. Other motor vehicle in traffic 3. Parked motor vehicle 4. Railroad train 5. Bicycle 6. Animal 7. Fixed objects 8. Other objects 5. SEVERITY OF MOTOR VEHICLE TRAFFIC ACCIDENTS (a) Fatal Accident - is any motor vehicle accident that results in death to one or more persons. (b) Non-Fatal Injury Accident - is any motor vehicle that results in injuries other than fatal to one or more persons.
(c) Property Damage Accident - is any motor vehicle accident where there is no fatal or injury to any person but only damage to the motor vehicle or to other property including injury to animals. 6. CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENTS (a) Simultaneous Factors 1. Road conditions. 2. Driver's attitude or behavior. 3. Weather conditions. (b) Sequential Factors 1. Speed is greater or less than safe. 2. Defective vehicle (vehicle malfunction). (c) Operational Factors 1. Road hazards. 2. Driver's non-compliance to traffic laws, rules and regulations. (d) Perception Factors 1. Driver's inability to react promptly to a situation. 2. Driver's faulty action to escape collision course. 7. HAZARDS -A hazard is generated when a critical space-motion relationship between a traffic unit and another object develops due to the movement of either or both. Example: A curve in the path is a hazard. Another traffic unit in the path is also a hazard. 8. SAFE SPEED - The speed adjusted to the potential or possible hazards or the road and traffic situation ahead. The road rather than the particular driver of a vehicle determine safe speed on the road. Example: A curve ahead is a hazard and a safe speed for it is a speed at which it can be taken comfortably. 9. PERCEPTION OF HAZARD - Seeing, feeling, or hearing and understanding the unusual or expected movement or condition that could be taken as a sign of an accident about to happen. 10. STEPS TO BE TAKEN BY THE POLICE AS A TRAFFIC LAW ENFORCER DURING TRAFFIC ACCIDENTS: (a) STEP ONE - Upon arrival at the scene of accident get the facts from bystander or complainant: 1. WHAT happened? 2. WHEN did it happen? 3. WHERE (exactly where was it)? 4. WHO and WHAT was involved? 5. WHY did it happen? 6. HOW did it happen? Report the incident immediately to the Headquarters by radio or by telephone. If there are injured persons, secure them immediately. (b) STEP TWO - When emergency is under control:
1. Preliminary questions to drivers: (a) Who was driving which vehicle? (b) Look for signs of nervousness, confusions and intoxication. 2. Gather clues for identifying hit-and-run vehicles. 3. Question other witnesses. 4. Examine driver's condition. (a) Check license and record data. (b) Check registration certificate and record data. (c) Verify ownership. (d) Account step-by-step what happened. 5. Position and Condition of Vehicles (a) Lights and light switches. (b) Gear position and tires. (c) Verify ownership. (d) Account step-by-step what happened. 6. Form preliminary opinion as to how traffic accident occurred. 7. Photograph skid marks and location of vehicles, mark skid mark locations for later measuring. 8. Record place to which injured persons or damaged vehicles were or will be taken. (c) STEP THREE - After getting short-lived evidence: 1. Make test skid. 2. Decide whether proof of violation is sufficient for arrest. If so, make arrest or issue TOP. 3. Complete examination of vehicles. 4. Locate key event or point of impact of accident. 5. Make additional photographs of: 1. Vehicle damage. 2. View obstruction. 3. Present condition. 4. Control devices. 6. Measure for scale diagram if location is hard to reach. 7. Get additional facts at the scene of accident. 8. Report to Headquarters by radio or telephone. (d) STEP FOUR - After leaving the scene: 1. Get medical report or injured from hospital or doctor. 2. Notifying the following: 1. Relative to dead and injured. 2. Owner of vehicle. 3. Have photographs developed. 4. Have specimen analyzed; if any were taken, have chemical tests. 5. Complete the report of accident: (a) Have copies made, if necessary. (b) File report and copies. 6. Complete factual data on investigation report if not completed at scene. 7. Reconstruct the accident: a) Estimate speed of vehicles involved. (b) Draw scale diagram. (c) Analyze angle of collision.
(d) Get technical help, if necessary. (e) Summarize opinions. 8. Complete report of investigation (file reports and notes). 9. Inform other agencies or departments of any condition at the scene, which needed attention for safety. (e) STEP FIVE - If the case goes to Court: 1. Find out what the prosecutor wants further to develop evidence. 2. Return to the scene, if necessary, for the following: (a) Additional photographs. (b) Long-lived evidence. (c) Measurements for scale diagram for use of court. (d) Look for additional witnesses and review their testimony. 1. Relatives and friends who could confirm activities. 2. Technicians who developed pictures, made chemical tests, etc. 3. Experts who could help. 3. Pre-trial conference with prosecution witness. 4. Testify in court. 5. Organize papers and file permanently, if necessary, for future reference. 11. TRAFFIC ACCIDENT REPORT (a) Uniform Traffic Accident Reporting System. (b) Preparation of Traffic Accident Report: 1. By a competent bonafide traffic accident investigator (Investigation Course Graduate). 2. Requirements for an investigator in the submission of report such as evidence gathered, diagrams, sketches as well as sworn statements of witnesses. 3. Traffic Accident Investigation Report will be accomplished in five (5) copies: one (1) copy for the Court or Fiscals Office; one (1) copy for CHPG: one (1) copy for the Investigator; one (1) copy for Insurance Co. of Party-Involved #1; and another copy for Insurance Co. of Party-Involved #2. STAGES OF PLANNING AT-SCENE INVESTIGATION 1. ON LEARNING OF THE ACCIDENT I. ON LEARNING OF THE ACCIDENT Ask first. Start for the scene. Exact when and where did the With use of the radio, the two previous accident happen? things can be done while on the way. How bad was the accident and Choose best approach. what vehicles were involved? Consider time, possible route of drivers Did you see the accident happen involved, and probable situation at the and where can you be found? scene of the accident. Decide whether to go to the scene. Be alert for vehicles leaving the scene Will the scene have been cleared as possibly carrying w''.nesses or hitby time of arrival? and-run drivers. Record registration Is it in the investigator's area? numbers of any likely looking vehicles. Should headquarters be informed Looking for conditions confronting a
or consulted? driver approaching scene: low / visibility, Then find out, if necessary. view obstructions, and traffic controls. Is traffic blocked? Note hazards to approaching traffic. Has ambulance, wrecker, or fire Place fuses, etc. apparatus been called? Arrange for any needed help. 2. ON ARRIVAL AT THE SCENE OF THE ACCIDENT Select a parking place carefully. Care for injured. Is it safe? Will it block traffic? Stop arterial bleeding, help injured from Can headlights illuminate scene? vehicles. As for emergency assistance from Look over bystanders and others for drivers, possible witnesses and bystanders or others. Locate drivers. Consider the possibility volunteer helpers. Look for fire and electrical hazards. of a hit-and-run accident and need to alert headquarters. Get them under control. Have spilled gasoline guarded. Look for witnesses at scene. Arrange to Look for traffic hazards. question and get names and addresses. Note numbers on vehicles at scene as Put out flares; ask helper to direct traffic. leads to witnesses. Arrange for clearing roadway. Delay Keep bystanders out of roadway. Look for physical evidence. removal of vehicles, except to aid injured, until positions are marked. Have it guarded until it can be examined, collected or located by measurements. Look for congestion. Direct traffic or have it directed. 3. WHEN THE EMERGENCY IS UNDER CONTROL Preliminary question of drivers: Question driver more fully: Who was driving each vehicles and what Check license and registration; record was his travel plan? Note data from them, verify address and unpremeditated statements. Look for identity. signs of nervousness, confusion, Get step-by-step account of what driver intoxication. saw and did. Gather clues for hit-and-run cases. Observe vehicle condition. Question other witnesses, especially Note lights, light switches, gear position, bystanders who may be anxious to leave. and tires. If important, get signed statement at Photograph tire marks and location of once from any person who may be vehicles. difficult to find later. Measure to locate marks on road and Examine driver condition. vehicle final positions. Look for signs of intoxication and drugs; Record place to which injured persons question about drinking, get specimen for and damaged vehicles were or are chemical test. to be taken. Question about trip plan for possible Have road cleared if traffic is obstructed. fatigue. 4. WHEN URGENT DATA-COLLECTION IS COMPLETE Decide whether proof of violation is Complete examination of vehicles. sufficient for arrest. Make additional photographs. If so, make arrest or issue citation. View obstruction, vehicle damage, Tell drivers what reports they must make pavement condition.
and dismiss them. Have involved parties exchange names and insurance data. Determine exact location of accident and record it. Make test skids, if needed and not later.
Get additional statements from witnesses remaining at scene. Measure for map if location will be difficult to revisit. Clean up location or arrange to have it done. Report to headquarters. 5. WHEN WORK AT THE SCENE IS FINISHED Notify relatives of dead or injured and Complete factual data on report if not owner of vehicle. completed at scene. Inform other agencies of conditions Complete report. Submit for approval and needing attention. file. Identify all notes with place and title. Present case summary to prosecutor.
THE TRAFFIC OFFICER IN COURT 1. GENERAL — In traffic law enforcement, one essential role of traffic officer is the giving of evidence in court. Diligent investigation and careful preparation of cases would be wasted if you fail in this important task. Your performance in the courtroom finally determines the result of your case. You should, therefore, pay careful attention not only to the substance of your testimony but also to your conduct in court. You must learn to acquire a working knowledge of courtroom department and develop the ability to testify properly. 2. COURT SITUATION —In presenting evidence on the traffic case you had investigated and prepared, you will find yourself in the following situations: (a) Preliminary investigations conducted by Fiscals or Special Counsels. In our system of criminal procedure, it is required that a preliminary investigation be conducted for the purpose of determining whether or not an offense has, in fact, been committed and the accused is probably guilty thereof. In this preliminary investigation by the Fiscal, you are called upon to testify on the results of the investigation you had conducted earlier and which has been the basis of your referral of the case to the Fiscals Office. (b) Aside from the preliminary investigation by city or provincial fiscals and their assistants, the law authorizes judges of Courts of First Instance or of City or Municipal Courts to conduct similar investigations involving the investigation you had made earlier in the case. You may also be called upon to testify in these proceedings. (c) Trials in Courts of First Instance or in City or Municipal Courts. If, as a result of the preliminary investigation conducted by the fiscal or special counsel, or by the Judge, it is found that an offenses has, in fact, been committed and the accused is probably guilty thereof, a corresponding complaint is prepared and filed with the proper court for a trial of the case. If the case on trial involves the investigation conducted by you earlier, you may be called upon again to testify before the court. 3. APPEARANCE AND BEHAVIOR IN COURT — Remember that the first impression you create when you appear either before the fiscal, special counsel or the court, is based upon your general appearance. Neatness and cleanliness help create the impression that you are a business-like and efficient traffic officer. Wear a full regulation uniform. As much as possible, have a fresh military haircut. Keep all the insignia and paraphernalia accompanying your uniform clean. Your shoes must be polished and made to look spic and span. Whether seated or standing, your posture must be dignified and deserving of the respect of others. Conduct yourself with courtesy and respect at all times towards the fiscal or whenever in court. Above all, never assume a hostile, naughty or arrogant behavior towards anybody. 4. PRESENTATION IN COURT (a) Presenting your Facts — Your main function in the preliminary investigation or trial, like any other witness, is to present the pertinent facts. Your testimony tells what you saw or found out. (b) Tell the Truth — You must testify with honesty and accuracy without any thought of favoring anyone or supporting any particular theory of the case. Do not forget that
you are testifying in the preliminary investigation or trial as a representative of the people and, as such you have a sacred responsibility to give all the facts known to you with complete impartiality. Never fabricate. (c) Be Prepared — Go to the investigation or trial fully prepared in your mind as to the facts and the detail of the case. If you prepared notes or sketches during your own investigation, take them with you in order to refresh your memory during the proceedings. (d) Be Concise — Answer the question and then stop talking. Be brief and do not volunteer any information not asked in the question. If the question is answerable by a plain "yes" or "no", say so and do not qualify unless asked to do so. (e) Do Not Be Over Anxious —Over-anxiousness may give the impression that you are more interested in getting the accused convicted than in having justice done. Speak carefully and in a manner that will show your concern for the dignity and seriousness of the proceedings. Do not use vulgar language. If you are testifying before the fiscal or court for the first time and you feel nervous or excited, overcome your nervousness by taking a proper posture. (f) On Cross-Examination — Maintain your pose, keep calm and remain cool. Stick to the facts as stated by you during the direct examination and everything will end all right no matter how rigid or extended the cross-examination is. Do not permit yourself to get angry or unruffled by the cross-examiner. He may purposely want you to become angry, agitated or nervous so that it will be easier for him to confuse you and to entrap you into making unfavorable admissions or inconsistent statements harmful in your case. Do not be concerned if he insults you or otherwise tries to pin you down with harassing or embarrassing questions because in case of such dirty tactics, you will be protected by the lawyer on your side of the case or by the fiscal or the court itself. 5. ASSISTING IN PROSECUTION (a) Prosecution is the legal proceeding instituted in a court of law for the purpose of determining the innocence or guilt of a person charged with an offense. (b) The successful prosecution of such traffic cases as homicide, physical injuries and damage to property, all through reckless imprudence, will require careful preparation and diligent investigation. (c) To effect the penalization of a traffic violator, the efforts of three (3) agencies are required: 1. The Traffic Law Enforcer (Constabulary or Police) who detects the violator and cities or arrests the offender and brings him to court for proper disposition. 2. Government prosecutors such as City Fiscals, Provincial Fiscals and their assistants, and special counsels. In remote towns, Chiefs of Police and knowledgeable members of the Philippine Constabulary are allowed, in practice, to prosecute cases filed by them in the municipal courts. 3. Courts which are charged with the duty of hearing and deciding whether or not a violation, has, in fact, been committed and the penalty to be imposed. 6. LEGAL ASPECTS OF PROSECUTION (a) In order to fully appreciate your responsibilities and the role which you must play actively in traffic law enforcement, you must be aware of the most important facts and circumstances that have legal bearing in the prosecution of the case.
(b) Trial is a proceeding before a court governed by certain rules to determine the facts and insure that the court's disposition of the case is fair and just. The evidence presented by each side at the trial is the basis for the decision of the court. 7. EVERY TRAFFIC OFFENSE HAS ITS OWN DISTINCT ELEMENT — It must be borne in mind that unless an offenses is attended by all its elements at a time of commission, there is no violation to speak of. Moreover, each element must be proven in court to obtain conviction. Knowledge of the elements of each violation will, therefore, help you in preparing your traffic case for trial in court. For instance, in a complaint for homicide through reckless imprudence that is alleged to have been committed by a driver, the following elements must be proved: (a) That the accused had driven a vehicle. (b) That a person died on the occasion of such driving. (c) That the person's death was not intentional but was the direct result of reckless imprudence on the part of the driver operating the vehicle. As a traffic officer, it is advisable that you should be alert in seeking out the elements that make up a specific offenses. Elements of violations are contained in the language of the law, ordinance, decrees and other applicable legislation involved in traffic law enforcement. You can find them specifically in pertinent articles of the Revised Penal Code, RA 4136, in various traffic ordinances of cities and municipalities and in applicable decrees and letters of instructions. 8. ASSISTANCE FROMTHE PROSECUTION —Although it is presumed by reason of your experience and training, that you have a basic understanding of the laws involved in traffic law enforcement and that you have a working knowledge of the criminal procedure observed in bringing offenders to trial, it is beneficial for best results that you avail yourself to expert legal guidance from an experienced lawyer or directly from the prosecutor assigned to your case. You can seek advice on the following: (a) Legal opinions on points of law. O?) Cases decided by the Supreme Court or by the Court of Appeals having application to your case. (c) Interpretation of the law. (d) Matters of procedure. (e) Materiality of evidence to present, including presentation of expert witnesses if any. (f) Manner of rendering testimony to achieve maximum effect. (g) Matter of jurisdiction, particularly relating to subject matter of the case, to the persons involved and in the commission of the offense. (h) Preparation of the case. 9. CASE PREPARATION, WITNESSES AND PHYSICAL EVIDENCE — In the preparation of the case, observe the following guidelines: (a) Begin case preparation at the time you first suspect that a violation is about to occur. Direct your observations on the violator's actions and conduct as well as the conditions and circumstances under which the violation occurs. (b) darner only material evidence necessary to support your case. Evacuate the evidence gathered by you in terms of their value for successful prosecution in court. Take care that the evidence in your possession is of the kind that will prove the specific elements of violation involved in your case.
(c) Give the prosecutor advance notice of the available evidence to give him time to develop strategy and method of presenting the case. (d) Ensure that all material witnesses will be available to the court when the time comes for them to give their testimony. (e) Prepare your evidence and witnesses in such a manner that not a single piece of evidence will get lost and the witnesses will neither back out later on. This should be carefully observed, especially with regard to the complaining witnesses. (f) Make sure that the witnesses selected by your are solid and reliable to the highest degree possible. Avoid witnesses who, by record and reputation, will be appoint to "Sell" or later on make a mess of the case when called for trial. 10. CASE SUMMARY — It is beneficial to the prosecuting officer to have in his possession a case summary or a statement summarizing the entire happening of the case. This is best done by accomplishing a Case Summary Sheet in which all facts and circumstances having to do with the case are entered and made of record. This includes a digest or brief narration of the most material incidents of the case as well as the initial disposition made with respect to the persons involved. 11. GENERAL OBSERVATIONS AND REMINDERS — There are other equally important matter which you must always keep in mind if you are to maintain the highest standards of service and dedication expected to you as a public functionary. Among these are the following: (a) In the process of traffic enforcement, perform your duties without any thought of monetary or other form of reward other than those ordinarily attached to your position. (b) You must not debase yourself acting as a middleman between the accused and the complainant for the purpose of arranging amicable settlements and ultimate dismissal of the case. (c) After the case has been disposed of, you must, as a matter of courtesy, make sure that the witnesses have transportation from the court to their homes and attend to those other matters that are properly within your to dispose. TRAFFIC PATROL 1. DEFINITION OF TERMS (a) Traffic Patrol — may be conducted on area or line bases which refer to the territory covered. It includes, for enforcement purposes, stationary observation to detect driver's behavior as well as moving about to detect violators. Traffic patrol refers to the observation of road conditions, the behavior of the drivers and other users of vehicles for the purpose of traffic supervision and law enforcement and providing authorized traffic-connected services to the public. (b) Line Patrol — conducts observation either in moving or stationary observation at a certain route or point of a major street in a city. (c) Area Patrol — conducts observation either by moving patrol or stationary observation in a certain area, which included a number of streets, roads or sections of a highway. (d) Stationary Observation — observation of traffic conditions of a selected place, usually one with unfavorable accident experiences for traffic law supervision.
Stationary observation may be conspicuous, visible, or concealed, depending upon the location of the patrol unit in relation to the street under observation. (e) Conspicuous Observation — stationary observation in which the observer remains in full review of traffic conditions. (f) Visible Observation — stationary observation in which the observer is in full view but so located, for example, at side street, so as to require effort on the part of traffic users to discover the observer. (g) Concealed Observation — stationary observation in which the observer is not visible to persons using ordinary power of observation form the roadway being observed. 2. PURPOSE OF TRAFFIC PATROL (a) Deterrent to violations and dangerous driving. (b) Detecting and apprehending violators. (c) Observing and reporting traffic conditions. (d) Observing and reporting road conditions, including view obstruction, which needs attention. (e) Providing certain services to the public. (f) Handling emergencies as they arise and keeping traffic flow smoothly. 3. DETER DRIVER FROM VIOLATING — The effect of traffic law enforcement on the behavior of the motorist drivers depends upon what they think the police will do or the reputation of the police for action. Once you have a reputation as a good traffic enforcer for taking action when it is necessary, a deterrent effect may be achieved in several ways: (a) Be sure other motorists see you while taking enforcement actions against a driver whom has committed a violation. (b) Be in full view while simply patrolling or inspecting. (c) Leave the area and proceed to another area after you have taken enforcement action. (d) In order to achieve a deterrent in law enforcement, be sure to spend more time in some area wherein motorists or drivers fail to be aware of their common bad driving practices. (e) Enforcement action should be taken at once among habitual violators in order to deter traffic violators. 4. DETER VIOLATORS FOR UNSAFE DRIVING —Be alert for potentially hazardous drivers. His action may not be illegal, but may serve as road hazards that need to be cautioned. This kind of driver may not have enough driving experience, he may be under the influence of liquor or narcotics that may later on contribute to an accident if no action is taken against him at once. Example of actions and conditions, which may need close watching for further investigations: (a) Driving extremely at low speed. (b) Slow moving vehicles in left or "high speed" lanes. (c) Racing motor sliding stops, jumping starts, and the like. (d) Excessive maneuvering such as backing up four or five times to get into a parking space. (e) Pulling to curb lane at traffic signal.
(f) Having turn signals on when not attempting to turn. (g) Weaving in roadway. (h) Failing to slow for an intersection with obstructed view. (i) Passing or attempting to pass several cars in a bunch. (j) Suddenly turning off at approach of police vehicle. (k) Teen-age groups late at night, particularly when in two or more vehicles. (1) Damage or dressed up vehicles. (m)Faulty or obscured license plates. (n) Unlighted parked cars with motor running. Warn drivers or pedestrians who are about to commit a violation. Confirm your observation of a driver by making a sign or signal that his intended action is to be avoided. For example, a driver may be about to stop and double park or start to leave a vehicle, which is standing, in a driveway. A gesture is usually enough to warn the driver to desist. ; Detecting and apprehending violators are your main duties in traffic patrol. 5. OBSERVING TRAFFIC CONDITIONS —You are the eyes and ears of the department when on traffic patrol. You must supply information about what is happening on the street. This information may be used for many purposes. 6. ROAD INTELLIGENCE — Unusual points of serious congestion must be noted. You may observe an unusual amount of delay at a certain intersection each morning and when you learn that it is due to loading or unloading of passengers on a "No Loading Zone", be sure to report the situation at once to your superior officer. Report congestion that ties up traffic for a block or more. Also report unnecessary delay at stop signs or signals which are installed when traffic is heavier. Include in your report all road and bridge conditions. 7. PATROL ASSIGNMENT — You may be assigned to either area or line patrol, or you may have instructions to use a combination. For example, you may patrol a certain street noted for excessive accidents in a line manner at specific times. Be sure to be familiar with the street lay out in your area. Learn the short cuts, the dead ends, and the back streets. Learn which streets are likely to serve as escape routes from the city or provincial roads. Familiarize yourself with the places where congestion is likely to occur so that you can "drive around" these places when on emergency call. When assigned to area patrol, you may or may not be able to cover your entire assignment area on each tour of duty, depending upon its size. You may not be able to give the same amount of attention to each section due to the necessity of concentrating on a certain trouble spots. However, you should consider yourself responsible for traffic conditions in the entire area. When assigned to line patrol, you are responsible for the traffic conditions on a particular street or highway. You may be permitted to depart from your assigned street when; for example, you pursue violator or on an authorized break time such as lunch. You may also want to employ patrol techniques, which will require you to depart momentarily from an intersecting street rather than always approaching it from the street, which you are patrolling. At times this will enable you to get better view of traffic conditions on your assigned street.
8. PATROL TACTICS ANDTECHNIQUES — Occasionally, you may have an assignment in which you work with another patrol unit. When multiple patrol units are used, special tactics are possible. Example of these are the following: (a) When one unit overtake a group of vehicles, the other unit brings up the rear of the group. If one or more drivers in the group think that they can no longer be observed since they have been passed by the first patrol unit, they feel free to violate. The following patrol units observe and apprehend the violators. A conspicuous and concealed unit may be used together in much the same manner. (b) When an entire column of vehicles must be stopped, one unit stays at the rear while the other overtakes the leader, thus neatly battling the entire group. If two vehicles are racing, or if two violators separate, the paired patrol units can separate for individual pursuit. Another advantage of working together is that officers can protect each other, particularly when approaching suspicious persons or vehicles. Except for special purposes or occasions, patrol units works independently so that more areas can be covered that way. 9. SIGNALS AND GESTURES FOR DIRECTING TRAFFIC — When you are assigned to direct traffic, you are expected to indicate to drivers and pedestrians how, when, and where they may move (see Appendix on Hand and Sign Signals). In order to do this; use a type of sign language which shall be clearly understandable to all persons you will be directing. You could, of course, use many different kinds of signal for starting, stopping, or turning lines of traffic. However, if your signals were to differ from those used by other officers, drivers would probably fail to understand them and ignore you altogether. Therefore, it is important for the efficient direction of traffic that the officers use uniform gestures and signals. Moreover, the signals should be able to be seen over a fairly long distance. When directing traffic you first want drivers and pedestrians to recognize that you are the officer who will tell them what to do. But you must also know to tell them when to stop, go or turn by using gestures alone. To command a traffic situation, stand where they cannot fail to see you. Normally, this is in the center of the intersection. Stand as though you mean business. Stand straight with your weight equally distributed to each foot. When you are not signaling, let your hands fall at your sides. When you authorize vehicles to move, do not face them. Stand so that your side is toward the oncoming vehicle. 10. PURSUIT IN TRAFFIC LAW ENFORCEMENT — Pursuit is a part of routine enforcement activity performed by police and is used when a violating driver is detected. Pursuit is a part of the apprehension of a violator. In general, a driver who is aware of this violation at your presence will stop his vehicle when signaled to do so. In this instance, apprehension is complete and pursuit is not necessary. There are times, however, when a driver is not aware that he has been detected in violation and must be pursued until apprehended. Pursuit and successful apprehension of a violator may require the operation of your patrol vehicle at high speed for an extended distance. 11. WHEN TO PURSUE (a) When a violator fails to stop on signal, your normal reaction is to pursue the violator until you apprehend him. However, due to traffic congestion or other complications, such action is sometimes neither practical nor safe. Pursuit must always be tampered with common sense and foresight of likely hazards based on the chance being taken.
(b) Better judgment is used in deciding to lose a traffic violator who can be apprehended at another time than to pursue at great risk to your self, your vehicle and other drivers. (c) Pursuit requiring high speed operation of police vehicle may be justified in certain circumstances, such as in the apprehension of a driver endangering the lives of motorists, pedestrians, and others through operation which can be classified as other than reasonable and proper which is dangerous and negligent. (d) Type of serious violation is an important factor in deciding to pursue. 1. Non-Hazardous Violations (a) Pursuit to apprehend this violator seldom warrants a prolonged chase or operation of your police vehicle at high speed. (b) These violations do not justify the same degree of risk as may be justified as hazardous violations. 2. Hazardous violations or those which present continuing danger to other road users require immediate and sometime aggressive pursuit. Driving while under the influence of liquor, reckless driving or driving on excessive speed are example. (a) A violator of this nature is likely to have little concern for other drivers at their safety. Successful flight from identification and apprehension is usually his own concern. (b) Be prepared for acts by this type of violator, which could give him an advantage while interfering with your pursuit and successful apprehension. If, for example, he thinks his possibilities of escape will increase, he may likely try to force you or another motorists off the road. Some violators of a continuing nature do not create a great or immediate danger to highway users. Equipment violations such as inadequate lights or vehicle registration violators, are example, and pursuit in such cases is not urgent. 12. DRIVING SKILL AND EXPERIENCE — Driving skill is that collection of proper habits which enable a person to detect and evaluate road and traffic conditions about him, and to maneuver his vehicle properly without consciously thinking about what he is doing. 13. CHECK YOUR SKILL IN THESE AREAS (a) Manipulative Skills - making your vehicle behave as you intend. (b) Recognizing road and traffic conditions that may hinder your pursuit. (c) Defensive driving - anticipating and allowing bad driving by others. 14. RESISTING DISTRACTION —You should know what evasive actions would permit you to avoid or escape unfavorable traffic conditions. A driver can often protect himself form danger if he knows how to recognize the danger in time and take proper evasive action. An officer in pursuit of a violator has the responsibility to do more than the average driver to avoid hazards to him and others. 15. PURSUIT TECHNIQUES — Know your limitations and strength in driving a patrol vehicle under normal conditions. Good driving combined with effective pursuit techniques will help to minimize the dangers involved in pursuit at high speed. Normal driving skill is not automatically improved by wearing a police uniform, or by having a police car to operate.
16. IDENTIFICATION OF PURSUED VEHICLES (a) When alone on patrol, use a clipboard with attached paper and pencil to make notes. Anchor the clipboard by sitting on part of it so those notes can be written without looking down. (b) Post a list of wanted persons or vehicles on a "hot sheet" within easy viewing range while in driving position. The list should be arranged by cases of offense for rapid identification of violators wanted for more serious offense. (c) Identify the violator's vehicle for later identification, particularly when pursuit is lengthy, interrupted or abandoned, or in case you are injured by the violators. (d) The registration plate number is very important and accurate method of establishing identity of a vehicle is also important. Train yourself to observe complete license numbers at a glance. Record the registration number as soon as possible, and check it against your "hot sheet". Sometimes prescribed registration number on a clipboard is the only clue to the identification of an escaping violator who has struck or injured an officer. 17. ITEMIZED IDENTIFICATION FEATURES OF THE VEHICLE (a) Color - for example, "red", "black", etc. When the vehicle has more than one color, first give the color of the body and then the top, or "black body, gray top". (b) Year of Manufacture - for example "1977". (c) Make - for example, "Mitsubishi Lancer", "Toyota Corolla", etc. (d) Body Type - for example, "4-door sedan", 2-door", etc. (e) License, city or province, letter prefix, number. Also note the outstanding features and accessories such as "wide-bank racing stripe", left side, vinyl top, or some particular damage that is noticeable such as crumbled fender, damaged door, or cracked window. It is also important to note any unusual features of the driver or passenger such as clothing, hair, hat, glasses, etc. 18. KEEP HEADQUARTERS ADVISED — It is your duty to apprehend violators as soon as possible. Radio contact with Headquarters aids in accomplishing this objective by alerting other patrol units in the area. While in the pursuit, use your radio whenever necessary and advisable. If forced to abandon pursuit and there is no radio available, use the nearest telephone. 19. OFFICER-VIOLATOR RELATIONSHIP — The first reminder for an officer in traffic enforcement is to establish pleasant relationship with offending motorists or pedestrians. This may be accomplished by: (a) The appearance of your uniform, equipment and person which will create the violator's impression of you. A neat, clean uniform properly worn, and well-groomed person will create a good impression. (b) Observance of the following rules when talking with the violators: 1. Get your emotions under control. Do not appear before him when you are both at the peak of tension or excitement. 2. Advise the violator the nature of the alleged violation in a manner that he can fully understand. 3. Allow the violator to talk and explain his side. 4. Do not argue, berate or threaten the violator. 5. Be courteous and business-like. You may introduce yourself or use only "good morning", "sir" or "madam". By using "sir" or "madam" you are identified as a gentleman.
6. Request compliance. Use requesting words such as "May I", "Please" and "Kindly" when directing the violator. 7. Avoid telling the violator what not to do. If you want him to do something, whenever possible, explain why you want him to do it. 8. Never open your conversation in a sarcastic or derogatory way. Avoid such opening as: "Don't you know ————?" "Who do you think you are?" "Where do you think you are going?" "What's your hurry?" 20. BEING ALERT AT ALL TIMES FOR THE UNEXPECTED, APPROACH THE VIOLATOR WITH THESE CASES: (a) Take time to get ready to talk with the violator. (b) Know what you are going to do and say. (c) Have any equipment you will need such as flashlights, clipboard or citation pad. (d) Review the facts, which led you to your stopping the violator before you begin to talk. (e) Decide what enforcement action you are going to take before you approach the violator. 21. IN REQUESTING FOR THE DRIVER'S LICENSE AND VEHICLE REGISTRATION CERTIFICATE, OBSERVE THE FOLLOWING SUGGESTED PROCEDURES: (a) Do not put your head or arms in the car window. (b) While waiting for the license, ask the driver, "What is your name, sir?" (c) Never accept anything other than the papers requested. (d) Ask that the papers being requested be removed from the billfold or other container. (e) Have the driver hand the requested papers to you outside the window. (f) Establish the identity of the driver and check the entries of both license (b) Tell him where and when he must appear. (g) Do not discuss probable bail or probable penalties with the violator. 22. IN TERMINATING YOUR CONTRACT WITH THE VIOLATOR, OBSERVE THE FOLLOWING: (a) Explain to the driver what action that he must take. (b) Tell him where and when he must appear. (c) Do not discuss probable bail or probable penalties with the violator. (d) Avoid any naughty suggestion that he should engage in the services of a counsel or how he should plead. (e) When you are certain the driver understands what he should do, close the interview by: 1. Thanking the driver for his cooperation. 2. Explaining how he may avoid further difficulty. (f) Help the driver get safely through the traffic. (g) When the violator leaves, do not follow him immediately. He may feel that you are just waiting to nab him again. Either turns around and patrol
in the opposite direction or you may stay where you are for a moment to decide what to do next.
HAND SIGNAL
POINT
POINT TO THE DRIVER TO STOP
STOPPING AND APPROACHING THE TRAFFIC VIOLATOR When a violator has been overtaken by pursuit, the next problem is to halt him and come to him on foot to take whatever action may be required. If carelessly done this may be dangerous to you, to the violator and to other traffic. Practices described here apply to most situations and under most conditions. However, there may be times when you must, on your own initiative, adapt these techniques to the situation. Close adherence to these practices will help you form good working habits. Good habits are the key to safety in stopping and approaching. Stops are always made under emergency conditions. Stopping and approaching is complete when you have stopped the violator's vehicle and moved to the place where you will begin to talk to the driver. Stopping a violator in a vehicle when you are on foot presents special problems that are not covered here. Because situations of this kind usually arise while an officer is directing traffic, the methods are more appropriately described in connection with such activity. Of course, approach to the violator is the same whether you were on foot. SELECT THE PLACE Select a place where it is possible to stop the violator promptly, efficiently, and safely. He must be able to pull of the travelled roadway or out of moving traffic. An experienced driver will resist being forced to stop on the highway pavement or in a dangerous spot. An inexperienced driver may become confused or panicky and cause an accident. You are responsible for picking a safe place to make the stop. Selecting a good spot to stop is an important decision for several reasons: 1. If the violator becomes confused and has an accident, you and your department probably will be severely criticized. 2. If the spot for stopping is not carefully selected, the violator's vehicle (particularly if it is a heavy one) may bog down in soft ground. This situation too could result in unfavorable criticism and loss of patrol time. There may even be some question as to the legal responsibility for damages and towing charges incurred. 3. If you stop the violator in a hazardous spot, you will endanger both the violator and yourself. Try to find a place where there is plenty of room. In rural areas this would be off the travelled which has some illumination. This will give you increased safety and make it easier to write a citation or warning ticket. SIGNAL OTHER TRAFFIC After deciding where you're going to stop the violator, determine when you can stop safely. Before you begin the actual stopping procedure, look in your mirror. If there is anyone directly behind you, be sure he is alerted to the maneuver you are about to undertake. Then edge out slightly into the left lane and look to the roadway ahead. Determine whether there are view obstructions within the distance required to
stop and check for approaching traffic that may endanger you during the stopping maneuver. Next, signal other traffic. Turn on your red blinking light and then be sure other motorists are alerted to the fact that you are about to undertake an unusual maneuver. If there is any question that following or oncoming drivers have not seen your signals, remain behind the violator and wait for traffic to slow down or make way for you. COME ABREAST OF THE VIOLATOR You may not have to leave your lane of travel to signal the violator to come to a stop. Particularly, at night he probably will stop for your blinking red light while you are directly behind him. It's also a good idea to flick your headlights from high to low beam several times while your red light is on. If the violator does not stop when you use your lights, move into the left lane and take position almost abreast of the rear pat of the door on the driver's side. While in this position, observe the driver for positive identification, the number of people in the violator's vehicle, and their positions. Note any suspicious actions. SIGNALING THE VIOLATOR Tap your horn lightly for several times to attract the driver's attention. Except under emergency conditions, don't use your siren. The sudden noise may confuse or distract the motorist, causing him to swerve into you or off the roadway. Allow enough distance between your vehicle and the other so that any swerving movement on his part will not cause him to run into the side of the vehicle. Having attracted the violator's attention, motion to him by hand to tell him what you want him to do so. Most violators will get the "Message" if you just point to the side of the road. At night, turn on your right turn signal indicator. If the violator does not stop immediately, do not assume he is going to make a run portion of the highway where there is a good hard shoulder. In the late evening or early morning when most business places are closed it is often possible to have the violator pull into the driveway of a filling station, drive-in, snack shack, or store. As a general rule, however, don't use private property for this purpose if you have reason to believe the owners will object. Avoid particularly stopping violators on lawns of residences or in front of driveways to business establishments during business hours. Familiarity with your patrol area will help you select a good stopping place quickly. While patrolling, look for, and keep in mind safe places. This knowledge will help you to plan the timing of the stopping maneuver and reduce hazards, conflicts and time consumed. Motorists have a right to expect the roadway to be free from obstructions. They resent delays or inconveniences. This resentment becomes worst when the police cause the delays! Heavy or oversized vehicles pose a special stopping problem. Be sure the place you select will support the weight of the vehicle and that its extra width or length will not be a hazard to other traffic.
If there is no place nearby to stop a vehicle or a violator, you may have to follow him for some distance before making the stop. It's usually better to follow the violator for an extra mile or two to find a safe place than risk serious congestion or accident. There will be cases where you have to stop a violator practically immediately, for an example, a drinking driver, but where possible avoid such places as the crest of a hill, a curve or an intersection. If you must stop the violator in a hazardous position, get his vehicle moved to a safer position as soon as practicable. Particularly bad spots to stop a violator and some of the reasons they should be avoided are: Intersections that may distract approaching traffic or obstruct the view of oncoming traffic. Hills and curves that will obstruct the view of approaching traffic. Places with neon signs, parks, amusement centers, picnic areas, drive-in movies, and other spots where motorists may be subject to distractions. Lonely roads or out-of-the-way places where no help would be readily available if the violator attacked you or otherwise become unruly. Darkness makes your task of selecting a stopping place more difficult. Pick a spot visible to approaching traffic for at least 400 feet in each direction, and whenever possible, a place for it. May be he failed to hear or understand your signal. A woman driving alone at night may be afraid to stop, or a stubborn or a selfrighteous one may ignore your signal, refusing to believe he has done anything wrong. Sometimes you can tell the violator what to do verbally. You may be able to pull alongside his vehicle while it stopped for a traffic light or stop sign. Attract the violator's attention in the usual manner. Say, for example, "Please pull over to the side of the road beyond the intersection when the light changes. Follow the violator to the spot indicated and position your car in the regular manner. Use your siren only as an emergency or last resort device. If you must, first Drop back so that the front end of your vehicle is slightly behind the rear bumper of the violator's car. Give a series of short blasts. The violator's difficulty in following instructions for stopping is rarely intentional and should never be the basis for a bawling out. Often the manner in which you signal for the stop is the key to the difficulty. Motorists react differently to the officer's stop signal. General rules in the following sections will help you deal successfully with more common type of violator reactions.
SUDDEN STOPS The most frequent difficulty caused by the violator is stopping abruptly. It may force you to overtake and end up ahead of his car. Before turning on your red light, be sure there is enough distance between you and the violator ahead so that if he comes to a sudden stop on seeing a red light you will not run into his rear. As you move into the position to signal, take your foot off the accelerator and put it on the brake pedal. Be careful not to apply the brake. Prepare yourself to brake sharply if necessary. In most cases the speed gained from moving into the signaling position will keep you in position long enough to make your signal understood. Some officers find it helpful to put their left foot on the brake pedal as they move into the stopping position, thus giving instantaneous breaking and acceleration control during the stopping maneuver. If you overshoot the violator's car, back up so that you can move into position behind the violator's car. This maneuver should be carried out with extreme caution. Be sure that you do not endanger other traffic. IF VIOLATOR STOPS ON ROADWAY Sometimes a motorist will stop on the travelled portion of the roadway. When this occurs, remain behind his car and warn other traffic with your red light. You must do one of two things: 1. If your movement up to the violator's vehicle will be hazardous because of other traffic, signal the violator from within your patrol car. Use of the siren or horn to attract the violator's attention, followed by a hand signal as described earlier, may produce the desired result. 2. If other traffic is not a problem or when the violator fails to respond to your signal, approach the vehicle and tell the driver just what you want him to do so. When dealing with a suspected drinking driver, do not signal him over from within your car. He usually will not heed your signal and any further operation of the vehicle by the offender may be embarrassing in court. In these cases, have the driver move over and drive the car off the road yourself. IF VIOLATOR REFUSES TO STOP If a person intentionally refuses to stop you may radio ahead for assistance and give instructions for a roadblock or you may have to cut him off. Unless the violation is continuing or of a serious nature, these tactics, especially cutting him off, are not advisable. A full description of the vehicle, the registration number, and an accurate description of the driver should gain a conviction even the summons is delivered to the violator at a later date. In most situations, the driver, after noticing the signals from the officer, will pull over to the shoulder of the road to stop. Here is where timing is important. Be prepared to apply your brakes so you can stop your vehicle behind the violator's. Don't start to move behind the violator until after the sharp braking has been complete. In all instances, when stopping automobiles, the major safety factor is proper positioning of the patrol car behind the other vehicle.
Sometimes traffic, weather, and road conditions will make it necessary for you to deviate from the procedures outlined here, but never move in front of the violator. The only time you may do this is when you have overshoot the vehicle while breaking and extremely heavy traffic around you requires you to move off the road immediately or when stopping certain special types of vehicles. This will seldom happen if you are waited until the road is clear in both direction for a safe distance, before you begin your stopping procedure. Highways with two or more travel lanes in each direction often require special stopping procedures. If the violator is driving in any lane other than the right lane you must make your approach from the right side. Your procedure for stopping a violator in any lane other than the right-hand lanes is: 1. Indicate to traffic behind you that you are about to direct the violator from his travel lane. This can be done by the use of your red light and hand signals. 2. Move forward far enough to attract the violator's attention in the usual manner and indicate by hand signals that you want him to move to the right. Be careful not to indicate any urgency. 3. Drop back to the rear and move to the right using your vehicle to clear each Lane of traffic so the violator can move in safely. Keep your red light on to warn other traffic. PLACE YOUR VEHICLE PROPERLY After the violator has been stopped, place your vehicle 8 to 15 feet behind his. Have the left edges of your vehicle two feet to the left of the violator's vehicle, except in those cases where heavy traffic or road conditions make this position' hazardous to other traffic. Interruption of traffic in one lane can cause congestion to occur on several lanes to the rear of your position. The distance between your car and the violator's car will reduce the possibility of a three-car accident if a motorist should crash into the rear of your patrol vehicle, By parking slightly to the left of the violator's car, you reduce the possibility of being struck by an overtaking motorist while you are talking to the violator. You are subject to the same emotional upsets as the violator but it is your business to control your emotions. Before approaching the violator, stop and take stock of the situation. If you feel it necessary, remain in your car until you have "cooled off sufficiently to act in an impersonal manner. You can effectively use some of this time to write down the registration number of the violator's vehicle and observe the passengers within. Watch especially for any change in positions between a passenger and the driver or any other suspicious or unusual movement in the violator's vehicle. Put your lights on low beam or park, if at night. The red blinker light mounted on your vehicle is for your protection. Use it at all times while dealing with the violator. APPROACH VIOLATORS CAREFULLY After composing yourself sufficiently, step out of your vehicle. Watch for passing traffic as you get out. This part of stopping and approaching the violator
exposes you to the greatest personal danger and the next few seconds are critical ones. If it is all night, flash your light into the car, briefly playing the beam over both the front and the rear seats. If your patrol car is equipped with a spotlight you can use it as an auxiliary light. Before leaving your vehicle train it on the rear window of the violator's car. The illumination will enable you to make more thorough observation of the violator's car as you approach and will make it more difficult for him to see you. Be careful to position the spotlight so that its beam will not blind approaching traffic. Depending on the conditions, one of the three following methods may be used in approaching the violator's vehicle: 1. Normal with passenger in rear seats. Pause just to the rear window. Then place yourself at the front edge of the driver's door, facing the rear. This will let you watch the driver, any person in the rear seat and oncoming traffic. 2. Possible dangerous driver especially without rear seat passengers. Stop just to the rear of the driver's window, facing the vehicle. Stay back at rear edge of driver's door. This will keep the driver at a disadvantage and give you advantage if danger should arise. 3. On heavily travelled streets where approach from the left side would be hazardous to yourself and other traffic, and under some conditions that make a leftside approach inadvisable, approach from the right. Pause to the rear of the right window. Then place yourself at the front edge of the right door, facing the rear of the vehicle. This will tend to disconcert the driver because most drivers expect you to approach from the left side. When patrolling with another officer your approach to the violator's car is the same except that your partner will assume a position where he can be of assistance if the need arises. He may do either of the two things: 1. Remain seated within the patrol vehicle on the passenger side. 2. Leave the patrol vehicle and stand just to the right of the passenger side with the front door open. Both positions permit your partner to observe the actions of the violator while in a protected position. He will be able to undertake pursuit immediately in the event the violator tries to flee and can establish immediate radio contact if an emergency arises. Approaching known or suspected felons requires special techniques. In such situations you should remain in a protected position behind your car and order the suspects to leave their vehicle. Whenever you have reasons to believe the violator may be wanted for a criminal offense, notify headquarters and request assistance. Never attempt to approach such persons alone. Never lean against the violator's car. Be especially alert for unusual movements. Look at the floor and rear seat for anything that may be hidden. Notice the violator and passengers. Stand at an angle so that you can look behind the vehicle and inside it at the same time. Use your left hand for accepting papers from the motorist (Unless you are left-handed). Regardless of how innocent the situation may appear, never go in front of the vehicle to write the citation or to look at the registration plate. There is always the possibility of being run down by the motorist, either deliberately or through nervousness.
If it is necessary to examine the front of the vehicle, go around the rear of the vehicle and proceed to the front along the right side of the violator's vehicle. Stand to the right and slightly ahead of the vehicle while making the examination. When examining the vehicle from the rear, writing a citation or talking to the driver when he is out never allow the driver or anyone else, including yourself, to stand between two stopped vehicles. In all cases you and anyone else should stand off to the side away from the vehicles. To the violator and passing motorists, you are the police and your actions contribute importantly to how they feel towards you, your organization, and police in general. Stand erect and be alert, STOPPING AN APPROACHING VIOLATOR Stopping the violator who is approaching you from the opposite direction is a special problem. For your own protection do not leave your vehicle and attempt to stop the violator by hand signals. This exposes you to the maximum danger from other traffic and the violator himself. When you want to stop an oncoming vehicle, drive onto the shoulder of the road on your side and turn on your red blinker light. Do not attempt to turn around until after the violator has passed your position, unless you are sure it can be done with safety. Use your blinker light to reduce the speed of the violator and alert other traffic in the area that you are going to do something unusual. Many times hand gestures directed to the approaching vehicle would bring him to a stop. After he has come to a stop turn about and place your vehicle behind that of the violator in the manner described earlier. If the violator fails to heed your signal, wait until he has passed, then turn about and stop him in the usual manner. STOPPING THE FOLLOWING VIOLATOR Another special stopping problem is halting the violator or wanted vehicle which is approaching you from the rear. To stop such vehicle, drive onto the shoulder on your side of the road. As the vehicle overtakes you, by hand signals from inside your car motion to him to move to the right of you. If he fails to respond to your hand signals, begin pursuit after he has passed and make your stop in the usual manner. STOPPING SPECIAL VEHICLES Certain types of vehicles create special problems, for example trailer units, very long or very wide, vehicles, house trailer and heavy equipment. Usual procedures to reach a position where you can signal the driver to stop are inadequate. The length of the vehicle makes it difficult to get in position behind the unit after it has stopped. Stopping behind the unit requires you to expose yourself to traffic while walking up to the front of the vehicle, usually a considerable distance.
The distance between you and your vehicle places you at a disadvantage if you have to reach your radio quickly. Most of the advantages of parking to the rear when stopping pleasure vehicles do not apply when dealing with large commercial vehicles. Fortunately most truck drivers are carefully selected, thus reducing danger from the operator. When stopping large trucks don't signal the operator until after you have completely passed his unit and are once again in the right lane. After determining where you plan to pull off the road, turn on your blinking red lights and start your right turn signal. Then motion to the driver with your hand. Point to the side of the road and move your forearm back and forth. Do not stop abruptly. Reduce your speed gradually, paying close attention to the truck and lead the driver to the spot you have selected. Use this method when stopping tractor-trailer units or other excessively long units. Pick-up and panel trucks are best handled by using the usual stopping method.
MOTORCYCLE AND MOBILE CAR ESCORTS Escort for National and Foreign Dignitaries — Escort duty is performed in order to provide security to prevent congestion or to expedite movement of a traffic unit consistent with speed laws and safety. Safety and obedience of traffic laws are not to be sacrificed, however, for speed during the normal escort, and consideration must be given to other road users.
METHODS OF ESCORT: (a) Leading and following — is the use of police patrol to lead and fo\\(y« the vehicle escorted. The lead patrol assist in securing the right of way. Lights and siren may be used as described by law and under the SOP. When the escort prescribed is approaching an intersection, the lead patrol may dismount and perform point control until the head of the column reaches the intersection. Then the police escort remounts and resumes the lead role. The follow patrol keeps the end of the column close up, renders assistance and provides necessary security. (b) Leading — one vehicle is used in this method as a lead vehicle of those escorted. It is the most commonly used since police patrol called upon for emergency escort will commonly be limited to one vehicle. (c) Leapfrog — is a technique employed by escort patrol that moves ahead of the movement and assumes traffic control post at intersections and other points were delay or congestion may occur. As soon as the movement passes the post, the escort personnel remount, overtakes and passes the movement, and assumes successive post along the road of escort. Personnel may be assigned to specify area according to a pre-assigned plan. This technique has definite limitation on narrow or
heavily travelled roads because escort patrol may have difficulty in passing the movement due to heavy opposing traffic, hill curve, and other such conditions. (d) Escort of VIP — This type of escort may vary from a simple lead vehicle escort though traffic to maximum perimeter. The escort must be closeknit and must move as one unit. Vehicle driver must be responsible to all situations encountered. Procedure that should be adopted by escort officer or commander for efficient and uniform movement of escort mission: (a) Inform the aide of the VIP / dignitaries of the composition of the escort detail. (b) Coordinate itinerary with the aide. (c) Brief the members of the escort detail about the itinerary and other places of engagement. (d) Inform the escort detail of the intelligence situation about the route. (e) Direct surveillance coverage of the route to ensure traffic security and safety. (f) Designate alternate route in case of emergency. (g) Control movement of vehicle in the convoy. (h) Supervise and brief all drivers in the conduct of convoys. (i) The car commander shall report to the escort officer for movement. Functions of traffic policemen manning a fixed post during movement of VIP convoy and other emergency vehicles: (a) Be alert on VIP convoys and other emergency moving vehicles for road priority. (b) Handle emergency vehicle immediately and give road priority, after the emergency vehicle has completely passed, restore the normal flow of traffic. (c) Have the party passed before releasing traffic, avoid occurrence of vehicular accident.
STEPS TO TAKE IN CASES OF SPECIAL AND UNUSUAL SITUATIONS 1. WHAT TO DO IN CASE OF ABANDONED MOTOR VEHICLES – a motor vehicle is said to be abandoned when it is left unattended in an area not provided for parking or unattended for one or two days in an area provided for parking. For these reasons, unattended vehicles become a problem to traffic flow. In some instances, they are accidentally found to be a more serious problem than what is actually thought of, particularly when they are abandoned by carnappers or hold-uppers. Abandoned vehicles may be classified into two categories: (a) Unattended due to mechanical defects. (b) Abandoned by carnappers or hold-up men. In the case of the first category, verify and check on the ownership of the vehicle, and if possible advise the owner to relocate the vehicle to a much safer place. In case of the second category, get the plate number and other data of the vehicle; make a report on the presence of the abandoned vehicle to the nearest CHPG or traffic police unit and make possible steps to inform the owner about his
vehicle; bring the vehicle to the CHPG or traffic police impounding area and conduct a Technical Inspection Report in the presence of the alleged owner; advise the owner to present all pertinent papers of the vehicle for identification of ownership; if the vehicle is found to have violated any provision of RA 6539, note its violation and together with the Technical Inspection Report, submit it for investigation; finally, submit a duly accomplished spot report. 2. WHAT TO DO ON STALLED OR BOGGED DOWN MOTOR VEHICLES - In most instances, traffic accidents or jams are caused by stalled or bogged down vehicles that are left carelessly unattended in the highways. In these cases therefore, it is important that you should know the basic course of actions in order to avoid unnecessary risks of human lives and property and further allow the continuous free flow of traffic. When you notice stalled or bogged down vehicles having mechanical defects and blocking the roads, take these precautionary steps: (a) Check the defect or condition of the vehicle. (b) Ensure the safety of vehicles and persons involved by conducting traffic system in the vicinity. (c) If practicable, push the vehicle to the road shoulder. You may request assistance of other motorists to do this, otherwise avail of wreckers or heavy trucks to move it. (d) Advise the owner of the vehicle to avail the services of repairman. Provide early warning devices or any lantern to deter accident occurrences and provide appropriate precautions for the safety and conveniences of the repairman and other motorists. 3. WHAT TO DO IN CASES OF HIT-AND-RUN VEHICULAR TRAFFIC ACCIDENTS. (a) When vehicle involved is identified: 1. Require complainant to file his complaint to CHPG or the nearest police headquarters. 2. Get his sworn statement or request him to execute an affidavit stating the following facts: (a) Place where the accident occurred. (b) Time and date of accident. (c) Vehicles involved with complete description and corresponding plate numbers. (d) How the accident occurred. 3. Prepare letter invitation to persons complained of for confrontation and investigation with your office. 4. Upon completion of investigation, prepare referral of case for filing with the fiscal's office or with the court having jurisdiction over the case. (b) When vehicle involved is not identified by the complainant and the information given is incomplete, the following steps should be taken: 1. Verify at LTO Central Office the plate number of the vehicle involved in an accident as reported by the complainant.
2. If there are two or more plate numbers similar with the plate number complained of, get all the description of those vehicles to include the name and address of the owner and prepare letter of invitation requiring the owner of vehicles in question to appear at your office, together with the driver for identification and confrontation by the complainant. 3. If the vehicle plate number involved in a hit-and-run accident was not given by the complainant but has description only of the vehicle, gather and collect information from witnesses at the accident scene to serve as basis or lead in further investigation of the case. Guides to complainant of a hit-and-run vehicular traffic accident: (a) File complainant with the proper police agency. (b) Give complete information on how the accident occurred. (c) State time, date and place where the accident occurred. (d) Describe the vehicle involved and state the plate number of the hit- and-run vehicle. (e) Give names and addresses of witnesses to the incident. (f) Cite down complete name and address of complainant. (g) Note down other pertinent information relative to the hit-and-run incident. 4. HOW TO HANDLE A TRAFFIC JAM — Traffic jam is caused by such factor as vehicular accident, stalled vehicle due to engine trouble, absence of traffic officer at an intersection, or road construction. Steps to be taken by traffic officer in case of traffic jam: (a) Determine the cause of the traffic jam. (b) Where traffic jam is caused by vehicular accident, conduct fast, immediate but complete investigation and remove vehicles involved at the scene of accident. (c) If traffic jam is caused by mechanical trouble, assist motorists to push the vehicle to a place where it will not obstruct the flow of traffic. (d) Establish yourself and conduct a systematic flow of traffic. (e) Observe if the flow of traffic became smooth, if not, refer back to "letter a" above. (f) Implement proper traffic regulation to avoid further traffic jam. How to care for the injured in case of a vehicular traffic accident: (a) Apply first aid to the injured. (b) Evacuate serious injured. How to prevent the accident from getting worse: (a) Look for any possible source of fire 1. Switch off ignition of vehicle 2. Know how to extinguish in case of fire (b) Re-route and control the traffic (c) Cordon the scene of accident and control the crowd. (d) Watch out for any looters. How to record the facts: (a) Make a sketch of the scene of accident with its relative positions and distances. (b) Photograph the scene of the accident.
(c) Interview drivers and witnesses directly involved or any bystander present at the time of the accident and record all these. (d) Record your observations on the driver, road condition, vehicle conditions and skidmarks. In figuring out what happened: (a) Make a formal investigation by getting statements of drivers and witnesses. (b) Follow up medico-legal certificates of injured persons for eventual filing of case. (c) Prepare all pertinent documents and pertinent records of the case for subsequent filing in court. 5. IN CASE OF VEHICLE CANNIBALIZATION, TAKE THE FOLLOWING STEPS: (a) Determine the vehicle parts that were stolen. (b) Take down the owner of the vehicle, the description of the vehicle, and the location, where the incident took place. (c) Look for immediate possible clues that might lead to the identification of the perpetrators of their modus operandi. (d) Interview the witnesses and owner to get a general picture of the situation prior to the incident. (e) Prepare a spot report and submit it to the nearest TMG or Police Traffic Unit. (f) If further investigation is necessary, the vehicle may be impounded for safekeeping. 6. STEPS TO BE TAKEN WHEN CARNAPPING OCCURS: (a) Get a complete information of the vehicle, location of incident and other circumstances of the camapping. (b) Report this immediately to the nearest TMG or Traffic Police Unit. Complete information regarding a carnapped vehicle is very important and necessary in order to initiate a search and follow up the progress of the search for the vehicle. These information are necessary for immediate recovery of stolen vehicles: (a) Location where the vehicle was carnapped. (b) Time and date when vehicle was last seen. (c ) Descriptions of persons last seen driving it. (d) Color (e) Year and Make (f) Body style whether sedan, wagon, etc. (g) Plate number, motor and body numbers (h) Direction where vehicle was last heading. 7. IN CASE OF ROBBERY HOLD-UP, TAKE THE FOLLOWING IMMEDIATE STEPS: (a) Get the exact time, date and place of hold-up incident. (b) Get the plate number, color, make and other information of the get-away car used and description of the occupants (hold-umpteen). (c ) For record purposes, interview the victims and list down the items stolen or supposedly robbed from them.
(d) Rash a report on the matter to the nearest TMG and police units via a two-way radio or telephone. (e) Gather more facts and evidence to include statements of witnesses for further references. MV CLEARANCE PROCEDURE: a) The procedure in the processing of application for PNP Motor Vehicle Clearance shall be as follows: 1) All PNP MV Clearance applicants shall file their application following the required format and with all documents required attached. Only photocopy of the documents shall be required after presenting the original papers to the processing personnel. 2) In Metro Manila, all Motor Vehicles exempted from macro-etching examination shall be applied at the Receiving Section of the Motor Vehicle Clearance Office, Camp Crame, Quezon City. While those motor vehicles subject for examination shall be referred to the PNP Motor Vehicle Clearance Offices at Northern, Southern, Eastern, and Western Stations or other established offices. 3) The Receiving Section, in all MVCO Stations (macro-etching stations) in MetroManila, after having received the MV clearance application, shall assign it to the processing officer, who in turn examines the completeness and regularity of the papers. Shall verify from the computer whether subject motor vehicle is among or not among the list of wanted/stolen vehicles on file. If the document is in order endorses the vehicle to PNPCLG for the macro-etching examination. If the finding is in order passes the papers to the cash section for the payment of clearance fee and the issuance of official receipt and thereafter return the papers to the receiving section. Receiving Section then issue the claim stub to the applicant indicating therein the time and date of the release of the clearance. 4) If the motor vehicle being applied for clearance, was found to be among the list of wanted/stolen vehicle or the outcome of the macro-etching on the chassis and engine numbers of the motor vehicle, such that it could not determine the original chassis/engine number as a result of tampering, cut and weld and/or corrosion, the person applying for clearance together with the motor vehicle shall be endorsed to the Special Operation Office, TMG for appropriate investigation and immediate filing of appropriate complaint/ information whenever warranted by evidences or records available. 5) All application for PNP Motor Vehicle Clearance received at MVCO Stations (macro-etching station) in Metro Manila, shall be brought to MVCO for the computerized printing of clearance certificates. Head Records and Clearance Officer sign the PNP MV Clearance Certificate prior to release. 6) All approved PNP Clearance Certificates shall be released at the Releasing Section of the Motor Vehicle Clearance Office where it was applied. b) Expired PNP motor vehicle clearance may be applied for renewal within the period of one (1) month upon issuance thereof. Renewal made after the prescribed period shall be required to undergo the same procedure. c) All Regional Clearance Officer to include those PNP Personnel assigned at Port Area and authorized to issue shipment clearance, shall follow the same procedure in the issuance of PNP Motor Vehicle Clearance Certificate.
d) All motor vehicles, which clearance applications are found to be in order, shall be promptly issued with PNP Motor Vehicle Clearance Certificates while those found with irregularities shall be subjected to investigation with concerned PNP TMG Offices.
PNP MOTOR VEHICLE CLEARANCE REQUIREMENTS A. ORIGINAL REGISTRATION 1. Brand New a) Sales Invoice b) LTO Confirmation Certificate of the Sales Invoice 2. Imported a) BOC Certificate of Payment b) LTO Confirmation Certificate of the Certificate of Payment c) Informal Entry d) Bill of Lading 3. Assembled a) Sales Invoices of the engine and chassis b) LTO Confirmation Certificate of the engine and chassis c) Affidavit of Rebuilt (duly notarize and to be executed by the owner) d) If engine/chassis was acquired from a private person or company, deed of sale of the engine and chassis e) Certificate of Registration and LTO Official Receipt covering the acquired engine/chassis
B. TRANSFER OF OWNERSHIP Deed of Sale LTO Certificate of Registration and Official Receipt If vehicle is mortgaged, submit Cancellation/Release/Assumption of Mortgage If vehicle was acquired from a company/corporation, submit Secretary's Certificate If the sale was made through a representative, submit Special Power of Attorney
C. CHANGE OF ENGINE/CHASSIS Sales Invoice of the engine/chassis LTO Confirmation Certificate of the engine/chassis Affidavit of Change engine/chassis (duly notarize and to be executed by the owner) If engine chasses was acquired from a private person or company/corporation. Submit deed of sale of the engine/chassis. LTO Certificate of Registration and Official Receipt covering the acquired engine/chassis
D. CHANGE OF COLOR 1. Affidavit of change of color (duly notarize and to be executed/signed by the owner) 2. Certificate of Registration and LTO Official Receipt
E. CHANGE OF BODY DESIGN 1. Affidavit of change body design (duly notarize and to be executed/signed by the owner) 2. Certificate of Registration and LTO Official Receipt
F. FOR SHIPMENT 1. LTO Certificate of Registration and Official Receipt G. RECORD CHECK
G. RECORD CHECK 1. LTO Certificate of Registration and Official Receipt Note: * All motor vehicles shall be subjected to macro etching by the PNPCLG except those that are not required in SOP#2. * A photocopy of Tax Account Number of the Owner shall be attached as one of the requirements in securing PNP MV Clearance. MOTOR VEHICLE CLEARANCE OFFICE (FLOW CHART)
(STANDARD OPERATING PROCEDURE NR 2) REPORTING AND DISPOSITION OF STOLEN AND RECOVERED/IMPOUNDED MOTOR VEHICLE I. REPORTING OF STOLEN AND OTHER WANTED MOTOR VEHICLES: 1. The Director/Chief of Offices of the PNP Units that take cognizance of a loss of a motor vehicle or in case where the subject of the crime is a motor vehicle, shall cause the owner to make a sworn written complaint supported by documents of ownership such as Certificate of Registration, LTO Receipt of payment, deed of sale, invoice receipt and other related documents; 2. A report shall then be rendered to the Chief, PNP (Attn: Director, TMG) using a uniform Alarm Sheet. All Alarm Sheets received by the PNP units shall be immediately forwarded to the Director, TMG. All Alarm Sheets received by the PNP Units outside Metro Manila shall be forwarded to the respective TMG District Offices covering the area; 3. The TMG shall flash the alarm to all Districts and other law enforcement agencies. The District Directors shall disseminate said alarms to all PNP Stations within his AOR; 4. Upon termination of the investigation of a recovered stolen motor vehicle, the Unit Head/Chief of Offices shall prepare and submit in four (4) copies to the Director, TMG, distributed as follows: Original Copy for the Computer Center; Duplicate Copy for TMG; Triplicate Copy for the reporting unit and Quadruplicate Copy for the Investigating Unit's file. 5. The PNP Computer Center shall provide all PNP Units and other agencies concerned periodic/updated list of wanted/recovered motor vehicle; 6. All PNP Units which undertake anti-carnapping missions are required to submit Daily Radiographic Anti-Carnapping Operations Report (DACOR) to this Hqs (Attn: Director, TMG) every 0800H daily. Thee report shall cover a 24-hour period. 7. The DACOR shall have as a minimum requirement, the following data: a) Number of motor vehicle reported stolen broken down as follows: (1) Stolen while Parked (2) Forcible Taken (3) Failed to Return b) Number of motor vehicles recovered. c) Nr motor vehicles turned-over to TMG d) number of suspects arrested e) Status of cases filed 8. Additionally, a monthly report on the Anti-Carnapping operations of the above cited units shall be submitted to this Headquarters (Attn: Director, TMG) not later than the 7th day of the month following the period covered by the report; 9. In all cases, the reporting of a stolen/wanted and recovered motor vehicles shall follow the flow of the Chain of Command.
II. DISPOSITION OF RECOVERED/IMPOUNDED MOTOR VEHICLES: 1) All recoveries of camapped/abandoned motor vehicles made by PNP Units in Metro Manila shall be turned-over within forty-eight (48) hours to the Central Vehicle Impounding Area (CVIA) at Camp Crame. If the recovered vehicle is not in running condition, the recovering unit shall inform the TMG (PDLT Nrs. 7218516 & 7224103) who shall undertake the towing services of the subject motor vehicle to the TMG. The technical Inspection Report (T1R) shall be conducted at the recovery site in the presence of any local government official and/or any Barangay Official and/or any responsible citizen residing at the place of recovery, who will affix his signature on the TIR, Except however when there is highly reasonable ground for the nonavailability of a witness taking into consideration the time of the day and the area of recovery. 2) Motor vehicles recovered by Municipal Police Stations outside Metro Manila shall be turned-over within forty-eight (48) hours to the nearest TMG District Headquarters for proper investigation/disposition. 3) If the carnapped motor vehicle is recovered by its owner without PNP assistance, the subject motor vehicle shall no longer be turned over to the CVIA. However, subject motor vehicle shall be physically presented at the nearest PNP Office/Station for proper identification and eventual lifting of the alarm Motor Vehicles that are recovered in Metro Manila shall be presented to TMG Hqs, Camp Crame, Quezon City, while those recovered outside Metro Manila, shall be presented to the nearest PNP District Headquarters which shall prepare the recommendation for the lifting of the alarm. 4) Director, TMG upon receipt of the letter-request for the lifting of the alarm, shall receive said motor vehicle and assume responsibility for its security in the impounding area in accordance with the provision of this SOP. An individual case folder for each impounded vehicle shall be maintained. 5) All releases of impounded motor vehicles shall only be made upon the approval of the Director, TMG. 6) In case there is an order from the competent court or fiscal for the release of a motor vehicle, the same shall be released in accordance with the existing rules governing the release of impounded motor vehicle. Director, TMG shall then inform the investigating unit of the release of the motor vehicle. 7) Before any vehicle is released, the Technical Inspection Report (TIR) previously prepared shall be reviewed by both the owner of his authorized representatives and the Director, TMG. In case of discrepancies, the Director, TMG shall immediately order the Chief and/or PNCO's ofCVIA to explain the said discrepancy. It shall be presumed that all motor vehicle, before the same is received for impounding, is true in all respect as described in the TIR. III. LIFTING OF ALARM OF WANTED-RECOVERED MOTOR VEHICLES: a. The basis for the lifting of alarm of any wanted-recovered motor vehicle shall be any of the following: (1) Recovery (2) Court Order (3) Termination of Investigation (4) Actual Possession of owner and (5) Other lawful grounds or as ordered by competent authority
b. The lifting of any alarm of wanted-recovered motor vehicle shall only be upon the approval of the Director, TMG c. The information to lift an alarm for any motor vehicle shall be entered in the form "Lifting of Alarm," and the information shall be disseminated by Director, TMG to other PNP Units. A consolidated monthly listing of such vehicles shall be prepared by Director, TMG and copies furnished to other PNP Units. GUIDELINES IN RECORDING AN IMPOUNDED MOTOR VEHICLE a. Assign a specific folder for every impounded/recovered carnapped motor vehicle indicating therein the recovering unit and the time and date of its custody. Said folder "must" contain the following: 1. Spot report of the recovering elements. 2. Technical Inspection Report (must be signed by at least two (2) witnesses from the place of recovery). 3. Physical Science Report. 4. Alarm Sheet and Complaint. 5. Copy of the Official Receipt and Certificate of Registration. 6. Picture of the motor vehicle (front, sides, rear and interior). 7. Disposition (whether the motor vehicle is impounded to be released to lawful claimant or held pending litigation of the case. b. If in case the motor vehicle is not included in the list of wanted or stolen motor vehicle, cause the back tracking of its origin: 1. Write the manufacturer, citing the chassis and the engine number as a basis to determine where and to what outlet/branch it was sold. 2. Check from the said branch to whom it was sold. 3. Write the owner regarding the recovery of the said motor vehicle. c. If in case, the chassis and the engine numbers were tampered or defaced and can no longer be restored based on the PSR: 1. Check for the alternate chassis number. 2. If it is determined, have it undergone macro-etching examination. 3. Using this as basis, use the steps provided in para 3 to determine the identity of the subject motor vehicle. d. If in any case, the alternate chassis number cannot be ascertained, have the motor vehicle brought back to the manufacturer for identification. A written request must be accomplished for this purpose. e. Based on the result of examination by the manufacturer, determine the lawful owner thereof. f. All efforts must be exerted to determine the identity of the recovered motor vehicle and its registered owner/lawful claimant. g. In any case if the identity of the motor vehicle can no longer be ascertained, it shall be disposed in accordance with Sec.l2-A Republic Act 6539.
h. All actions must be documented and must be incorporated in the case folder. i. The Office Assistant Director for Intelligence and the Office of the Chief Legal must be given a copy thereof. j. ADI shall ensure its strict compliance.
SOP IN RECORDING CARNAPPED/STOLEN MVS AND OTHER PUBLICS COMPLAINT ET. AL The following guidelines/procedures shall be observed in entering public complaints regarding motor vehicles. A. RECORDING CARNAPPED/STOLEN MOTOR VEHICLE AND OTHER RELATED PUBLIC COMPLAINTS REGARDING THE USE OF MOTOR VEHICLES. (1) Interview the complainant on the nature of his complaint and brief regarding the action of the Group regarding this. (2) Check the necessary documents in support of his complaint. As a general rule, the original copies of the Certificate of Registration and Official Receipts must be presented. However, if such documents were lost together with the motor vehicle it must be stated in the complaint. This situation must not be an excuse in not entertaining public complaint. On the other hand, if the motor vehicle is encumbered wherein the copies of the Certificate of Registration and/or Official Receipts are/is in the possession of the mortgagee, the certification from the mortgagee that the original Certificate of Registration and or Official Receipt is in their custody is required to formalize the complaint. (3) Have the Complaint Sheet and Alarm Sheet accomplished by the complainant. Insure that all the entries therein are accomplished. (4) Determine whether the complainant falls within the province of camapping or not. It must be noted as provided for under para #2, Sec. 2 of RA 6539 (AntiCarnapping act of 1972 as amended) there are two situations (Stolen While Parked and Forcibly Taken) to consider in order to fall within this category. On this situations advise the complainant the remedies he can avail of. For violation of RA6539, our Group can take cognizance of the case immediately if the suspects are identified. On cases of qualified and estafa (if suspects are identified) considering the place of occurrence of the crime which determines the venue of the court having jurisdiction over the case, he can file directly his complaint before the Office of the City/Provincial Prosecutor were the offense has been committed. The assistance of territorial police force can be availed if he wishes to. Just the same, the Group shall include his complaint in our list for withholding of clearance for any future transaction. (5) Exert efforts to determine the validity/veracity of the complaint by asking searching questions surrounding the lost/failure to return the motor vehicle. As a rule, conduct a separate investigation regarding this situation and attached it to the complaint and alarm sheet to form part of the record of the case. (6) Have the alarm sheet numbered. Photocopy the complaint sheet, alarm sheet and its attachment before having them signed. The following must have a copy the alarm sheet, complaint sheet and its allied documents. a. two (2) copies for file b. one (1) copy for ADI c. one (1) copy for MVCO
d. one (1) copy for Radio Rm. e. one (1) copy for NCRD f. two (2) copies for the complainant (7) In case where complaints were lodged before our Regional Office, the above procedures must be followed. Original copies must be sent before SOU. In turn, SOU shall re-alarm it with the corresponding control number forwarding copies to MVCO, ADI, Radio Rm., and NCRD. (8) If the complaint was lodged before the territorial police force, before having them re-alarmed, conduct the necessary interviews regarding the complaint in order to have a direct information from the complainant. Amend the complaint or supplement if the situation warrants. Re-alarm the complaint with the corresponding control number and provide copies to those mentioned in para-6 hereof. (9) SOU shall be the lead office in providing copies to all concerned especially to MVCO. B. DISPOSITION IN RELEASING/LIFTING THE ALARM OF RECOVERED MOTOR VEHICLE. (1) The recovering office must initiate all actions regarding recovered motor vehicles. (2) Investigation report for the release/lifting of alarm of the recovered motor vehicle must be accomplished prior to any of its disposition. It must be prepared in triplicate (3) copies (long bond paper must be used for uniformity) and placed in a folder. Proof of ownership and legitimacy of he claim must be clearly established the following documents must be incorporated in the Investigation Report. a. Request under oath from the registered/lawful owner for the release and/or lifting of alarm for subject motor vehicle b. Alarm and Complaint Sheets c. Recovery Report d. Authenticated Copy of CR and OR e. Original Duplicate Copy of PSR f. Other documents as situation warrants 3) In cases where the engine and/or chassis numbers had been tampered/ defaced, lay the basis of its identification. The restored chassis and/or engine numbers (based on PSR) shall be the primary basis for identification. If no restoration of either the chassis or the engine numbers was possible, check for the alternate and/or production numbers. Have certified by the manufacturer and undergo macro-etching examination to show that these are not tampered. If the vehicle can no longer be identified, it shall be disposed of as provided for under Section 12-A of RA 6539. 4) Include in the recommendation the re-stamping of the chassis and/or engine numbers if tampered. 5) If the plate number has not been recovered, also include in the recommendation that such plate number must be retained in our alarm. 6) Assistant Director for Intelligence shall prepare the corresponding Certificate of Lifting of Alarm (three (3) copies) once it has passed its Office. It shall be attached in front of the IR.
7) The following shall be the signatories of the Investigation Report for the Release/Lifting of the Alarm of the Recovered Motor Vehicle; a. b. c. d.
Chief of the Recovering Office ADI (concurring line) Chief Legal (concurring line) Director, TMG (approval)
(8) Although the Deputy Director for Administration and the Chief Directorial Staff are not signatories thereof, it shall passed through their office for notation. (9) Upon approval of the Investigation Report, it shall be returned to the Office of ADI who in turn shall affix the necessary control number on the certificate of lifting of alarm. A copy of the IR shall be transmitted to MVCO for recording and lifting from the record. Another copy shall be furnished to SOU. The Original Copy shall be returned to the recommending unit. Duplicate copy shall be retained by ADI. The owner shall be furnished another duplicate copy of the IR and the Certificate of Lifting of alarm. C. RE-STAMPING OF CHASSIS AND OR ENGINE NUMBERS (1) Evaluate the nature of deterioration of the engine/chassis numbers whether intentional or not. If intentional, determine the motive/purpose in so doing. (2) The investigator must conduct an ocular inspection on the chassis/engine of subject motor vehicle to determine/validate/refute the information obtained in para # 1 hereof. (3) Compare your findings on the result of the PSR and against the allegations of the applicant regarding the reasons for re-stamping. (4) If the tampering/deterioration was done deliberately with the intention of clothing subject motor vehicle with another identity or concealing its true identity file appropriate charges to the applicant based Sec. 12, RA 6539. (5) Require the applicant to produce the following documents to support his request for re-stamping; a. confirmation of his plate assignment b. history of ownership c. affidavit of re-stamping d. affidavit of the mechanic/person who caused the tampering e. Physical Science Report f. Other documents as may be deemed necessary to support the request (6) Conduct/Prepare the investigation report based on the documents submitted and result of investigator's evaluation/investigation. (7) The following shall be the signatories of the Investigation Report; a. Chief of the Investigating Office
b. ADI (concurring line) c. Chief Legal (concurring line) d. Director, TMG (approval) (8) Although the Deputy Director for Administration and the Chief Directorial Staff are not signatories thereof, it shall passed through their office for notation. (9) Upon approval of the Investigation Report, it shall be returned to the Office who prepared it. (10) Investigation Report shall be transmitted to MVCO/Clearance Office, RTMOs for record check. (11) Upon certification from MVCO/Clearance Office, the RTMOs that subject motor vehicle is not among those under the list of wanted/stolen motor vehicles, and endorsement address to LTO shall be prepared and signed by the Chief of Office conducting the investigation. (12) The investigating office must secure a copy of the IR for future reference. NATIONWIDE MOTOR VEHICLE ALARM SYSTEM Flowchart in Reporting Carnapped MVs at the CPO/MPO level
APPENDIX "A" REPUBLIC ACT No. 4136 AN ACT TO COMPILE THE LAWS RELATIVE TO LAND TRANSPORTATION AND TRAFFIC RULES, TO CREATE A LAND TRANSPORTATION COMMISSION AND FOR THE OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I - PRELIMINARY PROVISIONS ARTICLE ARTICLE I. -TITLE AND SCOPE OF ACT SECTION 1. - Title of Act. - This Act shall be known as the "Land Transportation and Traffic Code." SEC. 2. Scope of Act. - The provisions of this Act shall control, as far as they apply, the registration and operation of motor vehicles and the licensing of owners, dealers, conductors, drivers, and similar matters. ARTICLE II. – DEFINITIONS SEC. 3. Words and phrases defined. - As used in this Act: (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. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating. (b) "Passenger automobiles" shall mean all pneumatic tire vehicles of types similar to those usually known under the following terms: touring car, command car, speedster, sports car, roadster, jeep, cycle car (except motor wheel and similar small outfits which are classified with motorcycles), coupe, closed car, limousine, and sedan. Motor vehicles with changed or rebuilt bodies, such as jeepneys, jitneys, or station wagons, using a chassis or the usual pneumatic-tire passenger automobile, if their net allowable carrying capacity, as determined by the Commissioner of land Transportation, does not exceed nine passengers and if they are not used primarily for carrying freight or merchandise. The distinction between "passenger truck" and " passenger automobile" shall be that of common usage: Provided, That a motor vehicle registered for more than nine passengers shall be classified as "truck": And provided, further. That a "truck with seating compartments at the back not used for hire shall be registered under special
"S" classifications. In case of dispute, the Commissioner of Land Transportation shall determine the classification to which any special type of motor vehicle belongs. (c) "Articulated vehicle" shall mean any motor vehicle with a trailer having no front axle and so attached that part of the trailer rests upon the motor vehicle and a substantial part of the weight of the trailer and of its load is borne by the motor vehicle. Such a trailer shall be called as "semi-trailer" (d) "Driver" shall mean every and any licensed operator of a motor vehicle. (e) "Professional driver " shall mean every and any driver hired or paid for driving or operating a motor vehicle, whether for private use of 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 those name such vehicle is duly registered with the Land Transportation Commission. The "owner" shall mean 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) "Tourist" shall mean a foreigner who travels from place to place for pleasure or culture. ARTICLE III. - ADMINISTRATION OF ACT SEC. 4. Creation of the Commission. (a) There is created under the Department of Public Works and Communications an office which shall be designated and known as the Land Transportation Commission, composed of one Commissioner and one Deputy Commissioner, who shall be vested with the powers and duties hereafter specified. Whenever the word "Commission" is used in this Act, it shall be taken to mean the Commissioner or Deputy Commissioner. The Commissioner and the Deputy Commissioner shall be natural-born citizens and residents of the Philippines, and they shall be appointed by the President of the Philippines, with the consent of the Commission on Appointments of the Congress of the Philippines: Provided, however, That the present Administrator, Assistant Administrator and the personnel of the Motor Vehicles Office shall continue in office without the necessity of reappointment. (b) The Commissioner and Deputy Commissioner shall hold office until removed in accordance with the provisions of the Revised Administrative Code.
(c) The Commissioner shall receive an annual compensation of twelve thousand pesos and the Deputy Commissioner, an annual compensation often thousand four hundred pesos. The Commissioner shall be assisted by one head executive assistant (MV regulation adviser or chief), one administrative officer, one registration regulation chief, one inspection, examination and licensing regulation chief, one law and traffic enforcement regulation chief, one provincial regulation chief, one utility and property regulation chief, one accounting officer, one internal chief auditor, and one personnel officer, who shall receive an annual compensation of nine thousand pesos each; eight land transportation assistant regional directors, who shall receive an annual compensation of seven thousand pesos each and ten assistant regulation chiefs, who shall receive an annual compensation of seven thousand pesos each. (d) The Commission shall have its offices in Quezon City where the present Motor Vehicles Office if located, and shall establish a regional branch office each in Tuguegarao (Cagayan), Baguio City, Pasig (Rizal), Lipa City, San Femando (La Union), Naga City, Cebu City, Iloilo City, Cagayan de Oro City, and Davao City, to be headed by a regional director who will have immediate administration, supervision and control over all activities and administration of the Commission in the respective regions. The Commissioner shall be responsible for the administration of this Act and shall have, in connection therewith, the following powers and duties, in addition to those mentioned elsewhere in this Act: (1) With the approval of the Secretary of Public Works and Communications, to issue rules and regulations not in conflict with the provisions of this Act, prescribing the procedure for the examination, licensing and bonding of drivers; the registration and re-registration of motor vehicles, transfer of ownership, change of status; the replacement of lost certificates, licenses, badges, permits or number plates; and to prescribe the minimum standards and specifications including allowable gross weight, allowable length, width and height of motor vehicles, distribution of loads, allowable loads on tires, change of tire sizes, body design or carrying capacity subsequent to registration and all other special cases which may arise for which no specific provision is otherwise made in this Act. (2) To compile and arrange all applications, certificates, permits, licenses, and to enter, note and record thereon, transfers, notifications, suspensions, revocations, or judgments of conviction rendered by competent courts concerning violations of this Act, with the end in view of preserving and making easily available such documents and records to public officers and private persons properly and legitimately interested therein. (3) To give public notice of the certificates, permits, licenses and badges issued, suspended or revokes and-or motor vehicles transferred and/ or drivers bonded under the provisions of this Act. (4) The Commissioner of Land Transportation, with the approval of the Secretary of Public Works and Communications, may designates as his deputy and agent any employee of the Land Transportation Commission, or such other government employees as he may deem expedient to assist in the carrying out the provisions of this Act.
(5) The Commissioner of Land Transportation and his deputies are hereby authorized to make arrests for violations of the provisions of this Act in so far as motor vehicles are concerned; to issue subpoena and subpoena duces tecum to compel the appearance of motor vehicle operators and drivers and-or other persons or conductors; and to use all reasonable means within their powers to secure enforcement of the provisions of this Act. (6) The Commissioner of Land Transportation of his deputies may at any time examine and inspect any motor vehicle to determine whether such motor vehicle is registered, or is unsightly, unsafe, overloaded, improperly marked or equipped, or otherwise unfit to be operated because of possible excessive damage to highways, bridges and/or culverts. (7) The Philippine Constabulary and the City and municipal police forces are hereby given the authority and the primary responsibility and duty to prevent violations of this Act, and to carry out the police provisions hereof within their respective jurisdiction: Provided, That all apprehensions made shall be submitted for final disposition to the Commissioner and his deputies within twenty-four hours from the date of apprehension. (8) All cases involving violations of this Act shall be endorsed immediately by the apprehending officer to the Land Transportation Commission. Where such violations necessitate immediate action, the same shall be endorsed to the traffic court, city or municipal court for summary investigation, hearing and disposition, but in all such cases, appropriate notices of the apprehensions and the dispositions thereof shall be given to the Commissioner of Land Transportation by the law-enforcement agency and the court concerned. Notation of all such dispositions shall be entered in the records, and a copy shall be mailed to the owner and to the driver concerned. CHAPTER II - REGISTRATION OF MOTOR VEHICLES ARTICLE I. CLASSIFICATION
DUTY
TO
REGISTER,
REPORTS,
APPLICATIONS,
SEC. 5. All motor vehicles and other vehicles must be registered. (a) No motor vehicles shall used or operated on or upon any public highway of the Philippines unless the same is properly registered for the current year in accordance with the provisions of this Act. Records of encumbrances of motor vehicles shall be kept by the Bureau of Land Transportation in chronological and/or alpha-numeric and/or any other sequence and shall contain among other things, the time, date, number of the entry, and other cross-indexing entries for immediate data retrieval, in a 'Book of Motor Vehicle Encumbrances' referring to the creation, cancellation or foreclosure of the aforesaid mortgages, attachments, or to other encumbrances.
The Bureau of Land Transportation shall collect a fee of Fifty Pesos (P50.00) for every annotation of a mortgage, attachment and/or other encumbrances or cancellation thereof. (As amended by the BP big. 74 June 11, 1980) SEC. 6. Application and payments for registration. - Applications and payments for registration shall be made either personally or by registered mail, and the date of the cancellation of the postage stamps of enveloped containing money order or check shall be taken as the date of the application and/or payment for registration: Provided, That the application is properly prepared and the payment for registration is sufficient as required by law. SEC. 7. Registration Classification. - The Classification of vehicle shall be: (1) Private (2) For Hire (3) Government (4) Diplomatic Within ninety days from the approval of this Act, appropriate subclassifications shall be determined by the Director of Land Transportation with the approval of the Minister of Transportation and Communications, taking into consideration the body configuration, weight, cubic displacement and/or number of cylinders of the motor vehicle. (a) Private - Motor vehicles registered under this classification shall not be used for hire under any circumstances. (b) For Hire - Motor vehicles registered under this classification are those covered by certificates of public convenience, or special permits issued by the Board of Transportation, and shall be subject the provisions of the Public Service Act and the rules and regulations issued thereunder, as ; well as the provisions of this Act. (c) Government - Motor vehicles owned by government of the Philippines or any of its political subdivisions shall be registered under this classification. (d) Diplomatic. - Motor vehicles owned by foreign governments or by their duly accredited diplomatic officers in the Philippines and used in the discharge of their official duties. Tourists bringing their own motor vehicles to the Philippines may, however, without registering such motor vehicles, use the same during but not after ninety (90) days of their sojourn: Provided, That the motor vehicle displays the number plates for the current year of some other country or state, and said number plates as well as the name and address (permanent and temporary) of the owner thereof are registered in the Bureau of Land Transportation prior to the operation of the motor vehicle. If such tourists remain in the Philippines longer than ninety (90) days, the motor vehicle shall not be operated unless registered in accordance with this Act and the corresponding registration fees paid. (As amended by BP big. 74)
ARTICLE II - REGISTRATION FEES Section 8. Schedule of Registration Fees. -Except as otherwise specifically provided in this Art, each application for registration of motor vehicles shall be accompanied by an annual registration fee in accordance with a schedule to be prepared by the Bureau 'of Land Transportation subject to the approval of the Minister of Transportation and Communications in consultation with the Minister of Finance. The fees j-h the schedule shall be fixed on-the basis of the model, body configuration, weight, cubic displacement or number of cylinders of the motor vehicle and other relevant factors. Said schedule shall not be changed more often than once every three (3) years, and only upon due notice given to the public at least ninety (90) calendar days before the effectivity of such schedule: Provided, however, That beginning the calendar year 1981 and until changed pursuant to this section, the schedule of registration fee shall be as follows: TYPE Bantam Cars 0-1600cc
Private For Hire Light Cars 1601-2800cc Private For Hire Heavy Cars 2801-over Private For Hire Trucks/Buses, including all types of utility Private vehicles (per 100kg of gross weight) For Hire Mopeds (0-49 cc) Without sidecar Private With sidecar Private Without sidecar For Hire With sidecar For Hire
GAS 300.00 450.00 600.00 900.00 1,500.00 2,500.00 20.00 30.00
DIESEL 250.00 400.00 550.00 800.00 1, 200.00 2, 000.00 12.00
120.00 150.00 150.00 240.00
Provided, further, That registration fees for the vehicles owned by the government and its political subdivisions shall be determined in consultation with the Minister of the Budget and within the constraints imposed by available funds: Provided, furthermore, That all motor vehicles, regardless of type and/or classification which are exclusively used and operated on private roads shall be subject to a regarding fee of One Hundred Pesos (PI 00,00) only, for which stickers in lieu of regular plates shall be issued corresponding to the year of recording : Provided, finally, That such vehicles shall not be required to be physically brought to the office of the Bureau of Land Transportation for recording nor to be covered by compulsory vehicle insurance as required for registration purposes. For uniformity of registration fees and classification, all manufacturers and/ or assemblers of motor vehicles, prior to the introduction of a new model motor vehicle, shall submit, the specifications of said model to the Bureau of Land Transportation which shall determine under what schedule of registration fees the said model should fall. (As amended by BP 74)
SEC. 9. Permissible weights and dimensions of vehicles in highways traffic. (a) The maximum gross weight and measurement of motor vehicles, unladen or with load, permissible on public highways shall be as specified hereunder, subject to such regulations as the Commissioner with the approval of the Secretary of Public Works and Communication, may promulgate, from time to time, as the conditions of the public highways may warrant and the needs of the service may require. Permissible maximum weights: 1.
Per most heavily loaded wheel
2. Per most heavily loaded axle
three thousand six hundred kilograms eight thousand kilograms
3. Per most group (the being at than Fourteen thousand kilograms two heavily loaded axle e two axles of five hundred the group east one meter and less meter apart)
and
An axle weight shall be the total weight transmitted to the road by all wheels the centers of which can be included between the parallel transverse vertical planes one-meter apart extending across the full width of the vehicles. No provincial, city or municipal authority shall enact or enforce any ordinance or resolution regulating or prescribing the maximum gross weight of any motor vehicles. (b) No motor vehicle operating as a single unit shall exceed the following dimensions: Overall width Overall height Overall: Freight vehicles with two axles Passenger vehicles with two axles Vehicles with three or more axles
two and five-tenths meters four meters ten meters eleven meters Fourteen meters
(c) No motor vehicle and/or trailer combination shall exceed eighteen meters in overall projected length, including any load carried on such vehicle and trailer. (d) No articulated vehicles shall be allowed to draw or pull a trailer and no vehicle already drawing a trailer shall draw another. SEC. 10. Special permits, fees for. The Commissioner with the approval of the Secretary of Public Works and Communication, shall issue regulations and schedules of additional fees under which special permits may be issued in the discretion of the Commissioner or his deputies, for each of the following special cases, without which special permit no vehicles shall be operated on the public highways:
(a) To operate a motor vehicle or trailer outfit with wheels, axle or axle group loads in excess of the limits fixed in subsection (a) of Section nine hereof or in any regulation issued by the Commissioner. (b) To operate a motor vehicle the size of which exceeds the limit of permissible dimensions specified in paragraph (b) of Section nine hereof. (c) To operate a motor vehicle with any part of the load extending beyond the projected width of the vehicle. (d) To pull two trailers behind a motor vehicle. (e) For any other special authority relating to the use of vehicles, not otherwise specifically provided herein. SEC. 11. Additional fees - In addition to the fees elsewhere provided in this Act, for each change of registration, from private to for hire or vice-versa; revision of gross weight rating, change of tire size; transfer of ownership; replacement of a lost registration certificate, number plate, driver's license or permit; badge; preparation of affidavit or certified copy of records, or for any similar circumstances requiring the issue, revision, or reissue of a certificate of registration, driver's license, badge permit, or other document, a fee of two pesos shall be collected. The replacement of a lost or utterly spoiled certificate, number plate, license, badge or permit shall render the original invalid. In case of a request in writing for certification of data or facts involving two or more vehicles, a fee of five pesos a page of part thereof shall be collected for each certification. SEC. 12. Fee for original registration for part of year. - If any application for the original registration is made during the first quarter of a calendar year, the total annual fee for the year shall be paid, if made during the second quarter, threefourths of the annual fee for that year shall be paid, if made during the third quarter, one-half of the annual fee shall be paid and if made during the fourth quarter, onefourth of the annual fee shall be paid. Nothing in this section shall be construed as allowing quarterly renewals of registrations in order to avoid payment of fees in advance for the entire year. SEC. 13. Payment of taxed upon registration. - No original registration of motor vehicles subject to payment of taxes, customs duties or other charges shall be accepted unless proof of payment of the taxes due thereon has been presented to the Commission. ARTICLE III. - REGISTRATION CERTIFICATES, RECORDS, NUMBER PLATES SEC. 14. Issuance of certificates of registration. - A properly number certificate of registration shall be issued for each separate motor vehicle after due inspection and payment of corresponding registration fees. SEC. 15. Use and authority of certificate of registration. -
(a) The said certificate shall be preserved and carried in the car by the owner as evidence of the registration of the motor vehicle described therein, and shall be presented with subsequent applications for re-registration, transfer of ownership, or recording of encumbrances: Provided, That in lieu of the certificate of registration a true copy or photostat thereof may be carried in the motor vehicle. (b) The certificate of registration issued under the provisions of this Act for any motor vehicle shall, while the same is valid and effective and has not been suspended or revoked, be the authority for the operation of such motor vehicle. (c) No motor vehicle shall be operated on the public highways in a manner which would place it under a classification requiring the payment of a larger registration fee than that stated in the certificate of registration. SEC. 16. Suspension of registration certificate. - If on inspection as provided in paragraph (6) of Section four hereof, any motor vehicle is found to be unsightly, unsafe, overloaded, improperly marked or equipped, or otherwise unfit to be operated, or capable of causing excessive damage to the highways, or not conforming to minimum standards and specification, the Commissioner may refuse to register the said motor vehicle, or if already registered, may require the number plates thereof to be surrendered to him, and upon seventy-two hours notice to the owner of the motor vehicle, suspend such registration until the defects to the vehicle are corrected and/or the minimum standards and specifications fully complied with. Whenever it shall appear from the records of the Commission that during any twelve-month period more than three warnings for violations of this Act have been given to the owner of a motor vehicle, or that the said owner has been convicted by a competent court more than once for violation of such laws, the Commissioner may, in his discretion, suspend the certificate of registration for a period not exceeding ninety days and, thereupon, shall require the immediate surrender of the number plates. Whenever a motor vehicle is found to be underweight the owner thereof shall pay the difference in the registration fees to the shortage in weight plus a fifty per cent surcharge, and until such payment is made, the certificate of registration of the motor vehicle concerned shall be suspended by the Commissioner. After two such suspensions, re-registration of the vehicle concerned for one year may be denied. The Commissioner shall notify the owner of the motor vehicle of any action taken by him under this section. SEC. 17. Number plates, preparation and issuance of. - The Bureau of Land Transportation shall cause reflective number plates to be prepared and issued to owners of motor vehicles and trailers registered and recorded in the Bureau of Land Transportation under this Act, as amended, for a reasonable fee: Provided, That the fee shall be subject to the approval of the Minister of Transportation and Communications in consultation with the Minister of Finance, and Provided, further, That the identification, numbers and letters of any motor vehicle number plate shall be permanently assigned to such motor vehicle during its lifetime. No motor vehicles shall be exempted from payment of registration fees. Motor
vehicles for hire and privately owned motor vehicles shall bear plates or reflective materials so designed and painted with different colors to distinguish one class from another. The transfer of motor vehicle plates whether temporary or regular, validating tags and/or stickers from one motor vehicle to another without permit from the Bureau of Land Transportation, except security number plates on authorized vehicles, shall be punishable with a fine of not less than Five Thousand Pesos (P 5,000.00) and/or imprisonment of six months at the discretion of the Court. For purposes of renewal of registration of motor vehicles, the Director or his Deputies shall issue validating tags and stickers indicating the year of registry, charging a reasonable fee: Provided, That the fee shall be subject to the approval of the Minister of Transportation and Communications in consultation with the Minister of Finance. (As amended by BP Blg.43, November 14, 1979.) SEC. 18. Use of number plates. At all times, every motor vehicle shall display in conspicuous places, one in front and one in the rear thereof, the said number plates. The number plates shall be kept clean and cared for, and shall be firmly affixed to the motor vehicle in such a manner as will make it entirely visible and always legible. Except in the case of dealer's number plates, which may be used successively on various motor vehicles in stock, no person shall transfer number plates from one motor vehicle to another. No dealer's number plate shall be used on any motor vehicle after said vehicle has been sold and delivered to a purchaser, and no dealer shall allow such dealer's number plates to be used on any motor vehicle after its sale and delivery to a purchaser.
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transmitted diseases and epilepsy or who is an alcohol or drug addict or dependent. Each such application, except in the case of enlisted men operating government-owned vehicles, shall be accompanied by a fee of five pesos, and shall contain such information respecting the applicant and his ability to operate motor vehicles as may be required by the Bureau.
The Director or his deputies shall also ascertain that the applicant's health, sight and hearing are sound and normal, and is physically and mentally fit to operate motor vehicles. To this end, the Director or his deputies shall require a certificate to that effect, signed by a reputable accredited physician. An examination, theoretical and practical, to determine every applicant's ability and fitness to operate motor vehicles to be conducted by the Director in such form and manner as he shall prescribe shall also be required. A manual containing the general scope of the examination and such information as may be necessary for the guidance of the applicants and for the purpose of effectivity and implementation of this Act may be published in an official language and distributed at no cost to the applicants. No application for a driver's license shall be received, unless the applicant; (1) For a professional driver's license, is at least eighteen years of age, possesses a valid student-driver's permit and has undergone instruction in the operation of motor vehicle for at least five months under a qualified instructor: Provided, however. That the period of time the applicant has operated a motor vehicle with a non-professional driver's license shall be credited against the period of instruction required herein; and (2) For a non-professional driver's license, is at least seventeen years of age, possesses a valid student's permit and has undergone instruction in the operation of motor vehicles for at least a month. (As amended by BP 398). SEC. 23. Issuance of driver's license, fees and validity. - If, after such examination, the Director of his deputies find that the applicant possesses the necessary qualifications and proficiency 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 marking, a professional or nonprofessional license may be issued to such applicant upon payment of the fee prescribed in accordance with law, but prior to the issuance of said license, the applicant shall present himself in person and have his photograph taken by the Bureau. All driver's licenses issued shall be signed in the presence of the Director or his deputies and shall bear. among others, the full name, date of birth, height, weight, sex, color of eyes, blood type, complete current address, right hand thumbprint of the licensee, license number, and its date of issue and expiration. In the issuance of licenses, the Bureau shall use such process or adopt such measure as will prevent any alteration or falsification of a license or will enable the Bureau to detect any unauthorized license. Except for student permits and new licenses, all driver's licenses shall be valid for three consecutive years reckoned from the birthdaie of the licensee, unless sooner revoked or suspended: Provided, however, That, subject to Section twentysix hereof, any holder of a professional or non-professional driver's license who has not committed any violation during the three-year period shall be entitled to a renewal of such license for a five year period. (As amended by BP 398.)
SEC.24. Use of driver's license and identification card. - Every license issued under the provisions of this Act to any driver shall entitle the holder thereof, while the same is valid and effective, to operate the motor vehicles described in such license: Provided, however. That every licensed professional driver, before operating a public utility vehicle registered under classification (b) of Section seven thereof, as amended by Batas Pambansa Bilang 74, shall secure from the Director, upon payment of the sum of five pesos, a driver's identification card which shall, at all times while so operating a public utility vehicle, display in plain sight in the vehicle being operated. The identification card shall be issued simultaneously with the license. It shall be unlawful for any duly licensed driver to transfer, lend or otherwise allow any person to use his license for the purpose of enabling such person to operate a motor vehicle. No owner of a motor vehicle shall engage, employ, or hire any person to operate such motor vehicle, unless the person sought to be employed is a duly licensed professional driver. (As amended by BP 398.) SEC. 25. Driver's records. - Any driver who changes his address shall within fifteen days, notify the Commissioner in writing of his new address, name and address of his new employer, the number of the motor vehicle he is employed to operate, and such other information as the Commissioner may require. SEC. 26. Renewal or replacement of lost license. -Any license not renewed on or before the last working day prior to the expiry date of such license as provided for in the third paragraph of Section twenty three of this Act shall become delinquent and invalid, except when the license is surrendered to the Director or his deputies on or before the last working day prior to the expiry date of such license as hereinabove specified in order to avoid payment of the delinquency fees. For a renewal of a delinquent license, there shall be collected as delinquency fee, in addition to the basic fee as prescribed an amount equivalent to fifty per cent of basic fee. Every applicant for renewal of license to operate any motor vehicle shall present to the Director of his deputies, in person, the license issued to the applicant for the previous period, together with the basic fee hereinabove prescribed, and in the case of professional drivers, three copies of a readily recognizable photograph of the applicant taken by the Bureau. In case the applicant for renewal has committed three or more offenses within the period of one year, or has suffered any injury or illness that impairs his ability to operate motor vehicles, he shall be required to undergo a theoretical and practical examination in order to determine his ability and fitness to operate motor vehicles. Lost license. - In case the license has been lost or cannot be produced, the licensed shall, apply for a duplicate of the original on file with the Bureau by filing a sworn statement that such license has been lost and that a thorough and diligent search was futile and in accordance with the procedure which the Director is hereby
authorized to promulgate, subject to the approval of the Minister of Transportation and Communications. The Director or his deputies are hereby authorized to administer the oath in connection with such application. (As amended by BP 398.) SEC. 27. Authority to suspend, revoke and reinstate driver's license. Without prejudice to the authority of the court in appropriate cases and except as herein otherwise provided, the Director shall have exclusive power and authority to suspend or revoke for cause any driver's licensed issued the provisions of this Act. (a) The Director may suspend for a period not exceeding three months or, after hearing, revoke any driver's license and may order such license, whether confiscated by, and/or in the possession of, any other law enforcement agencies deputized in accordance with paragraph (d) (1) of Section four of this Act or not to be delivered to him whenever he has reason to believe that the holder thereof is an improper person to operate motor vehicles, or in operating or using a motor vehicle in, or as an accessory to, the commission of any crime or act which endangers the public. Any deputy of the Director may, for the same cause, suspend for a period not exceeding three months any driver's license issued under the provisions of this Act: Provided, that such suspension may be appealed to the Director who may, after reviewing the case, confirm, reverse or modify the action taken such deputy. (b) Whenever during any twelve-month period a driver shall have been convicted at least three times for the violations of any provisions of this Act or of any regulations issued by the Director or any municipal or city ordinance relating to motor vehicle traffic not in conflict with any of the provisions of this Act, the Director may revoke or suspend the license of such driver for a period not exceeding two years. (c) The license suspended or revoked under the provisions of subsections (a) and (b) of this section shall not be reinstated by the Director, unless the driver has furnished a bond in accordance with Section twenty nine of this Act and only after the Director has satisfied himself that such driver may again safely be permitted to operate a motor vehicle. (d) A decision of the Director revoking or refusing the reinstatement of a license under the provisions of this section may be appealed to the Minister of Transportation and Communications. (As amended by BP 398.) SEC. 28. Driver's bond. - The Director before reinstating any driver's license which has been suspended or revoked under the provisions of the preceding section or of any provisions of this Act, may require such driver to post a bond in the sum of five thousand pesos conditioned upon the satisfaction and payment of any claim which may be filed or of any execution which may be issued against such driver in any case wherein said driver may be held answerable while operating motor vehicles. The bond required in this section shall be in such form as to render sureties liable at least for a period of not less than one year nor more than three years: Provided, however, That upon written application to the Director release from such bond, the Director may, after revoking or suspending the driver's license, authorize the release of the bondsmen from further responsibility thereunder: Provided , further, That should the Director decide not to revoke the license of a driver who has been convicted of homicide through reckless imprudence, or of the violation of the speed limit or of reckless driving at three times within a twelve-month period, the said driver shall post a bond in the sum of not less than ten thousand pesos, conditioned upon
the payment of any claim which may be filed or any execution which may be issued against him in any case wherein said driver may be held answerable while operating motor vehicles. (As amended by BP 398.) SEC. 29. Confiscation of driver's license. - Law enforcement and peace officers of other agencies duly deputized by the Director shall, in apprehending a driver for any violation of this Act or of any regulations issued pursuant thereto, or of local traffic rules and regulations not contrary and issued by the Bureau therefor which shall authorize the driver to any provisions of this Act, confiscate the license of the driver concerned and issue a receipt prescribed and issue by the Bureau therefor which shall authorize the driver to operate a motor vehicle for a period not exceeding seventy-two hours from the time and date of issue of said receipt. The period so fixed in the receipt shall not be extended, and shall become invalid thereafter. Failure of the driver to settle his case within fifteen days from the date of apprehension will be a ground for the suspension and/or revocation of his license. (As amended by BP 398.) SEC. 30. Student-driver's permit. - Upon proper application and the payment of the fee prescribe in accordance with law, the Director or his deputies may issue studentdriver's permits, valid for one year to persons not under sixteen years of age, who desire to learn to operate motor vehicles. A student-driver who fails in the examination on a professional or nonprofessional license shall continue as a student-driver and shall not he allowed to take another examination at least one month thereafter. No student-driver shall operate a motor vehicle, unless possessed of a valid student-driver's permit and accompanied by a duly licensed driver. The licensed driver duly accredited by the Bureau, acting as instructor to the student driver, shall be equally responsible and liable as the latter for any violation of the provision of this Act and for any injury or damage done by the motor vehicle on account or as a result of its operation by a student-driver under his direction. (As amended by BP 398). ARTICLE II. - ILLEGAL USE OF LICENSES, NUMBER, PLATES, ETC. SEC. 31. Imitation and false representations. - No person shall make or use or attempt to make or use driver's license, badge, certificate of registration, number plate, tag, or permit in imitation or similitude of those issued under this Act, or intended to be used as or for a legal license, badge, certificate, plate, tag or permit, or with intent to sell or otherwise dispose of the same to another. No person shall falsely or fraudulently represent as valid and in force any driver's license, badge, certificate, plate, tag or permit, issued under this Act which is delinquent or which has been revoked or suspended. No person shall, knowingly and with intent to deceive, make one or more false or fraudulent statements in an application for the registration of vehicles, or for a driver's license. ARTICLE III. - PASSENGERS AND FREIGHT
SEC. 32. (a) Exceeding registered capacity, issuance of conductor's license, validity and fee. - No person operating any motor vehicle shall allow more passengers or more freight or cargo in his vehicle than its registered carrying capacity. In the case of public utility trucks or bused the conductor shall be exclusively liable for violation of this section or of Section thirty-two, letter (c) hereof: Provided, That the conductor before being employed by any public service operator shall get a permit license from the Bureau and pay the fee prescribed in accordance with law, for said license or permit issued in his favor, which shall be valid for three years, and the same is renewable on or before the last working day prior to or on his birthdate, attaching a readily recognizable photograph taken by the Bureau and after presentation of a medical certificate of fitness of applicant. Passenger trucks may be allowed to construct any cargo-carrying device at the rear or at the side of the truck, subject to the approval of the Director: Provided, however, That the total weight of the device, including the cargo, shall not exceed one hundred kilos. (b) Carrying of passengers and freight on top of vehicles. - No person operating a motor vehicle shall allow any passenger to ride on the cover or top of such vehicles: Provided, however, That subject to such conditions as may be contained in permits that nay be issued by the Director, baggage or freight may be carried on the top of a truck so long as the weight thereof does not exceed twenty kilos per square meter and is distributed in such a manner as not to endanger the passengers or stability of the truck. (c) Riding on running boards. - No driver shall allow any person to ride on the running board, step board, or mudguard of his motor vehicle for any purpose while the vehicle is in motion. (As amended in BP 398.) SEC. 33. Passenger or freight capacity marked on vehicle. - All passenger automobiles for hire shall have the registered passenger capacity plainly and conspicuously marked on both sides thereof, in letters and numerals not less than five centimeters in height. ARTICLE IV. ACCESSORIES OF MOTOR VEHICLES SEC. 34. (a) Tires of motor vehicles. - No motor vehicle with metallic tires shall be operated upon any public highway, and solid tires whenever used shall be of sufficient thickness to prevent the metal rims thereof from coming in direct contact with the road. (b) Brakes - Every motor vehicle with four or more wheels shall be provided with dual hydraulic brake system so that in case of hydraulic line failure affecting the braking efficiency of any of the four wheels at least either the front or rear wheels shall retain normal braking capabilities. In the absence of such dual braking system every motor vehicle with four or more wheels shall be provided with safety valve devices of such design and make so that failure of the hydraulic braking system of the vehicle because of leakage in the line or other parts of the system will not affect all wheels but rather render at all times effective the braking power of either the two front wheels or the two rear wheels when brakes are applied. The requirement, however, does not apply to motor vehicles equipped with pneumatic braking system.
(b-1) Horns - Every motor vehicle shall be provided with a hom or signaling device 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 exhault whistle of a type approved by the Commissioner, and no such device shall be installed or used in any other vehicle. No vehicle not classified as a motor vehicle under this Act shall be equipped with a horn or signaling device similar to the horn customarily used on motor vehicles. (c) Headlights. - Every motor vehicle of more than one meter of projected width, while in use on any public highway shall bear two headlights, one on each side, with white or yellowish light visible from the front, which, not later than one-half hour after sunset and until at least one-half hour before sunrise and whenever weather conditions so require, shall both be lighted. Additional lamps and light may be carried, but no red lights shall be visible forward or ahead of the vehicle. Trucks, buses, trailers, and other similar vehicles must carry, while in use on any public highway during night time, colored riding lights on each of the four corners not more than ten centimeters from the top. All motor vehicles shall be equipped with devices for varying the intensity of light, and the driver must dim the headlights or tilt the beams downward whenever the vehicle is being operated on well-lighted streets within the limits of cities, municipalities, and thickly populated barrios or district, or whenever such vehicle meets another vehicle on any public highways. (c) Tail lights. - Every motor vehicle and trailer shall, during the above-mentioned hours also bear on each side in the rear a lamp showing a red light visible at least one hundred meters from the rear of the vehicle and a lamp throwing a white light upon the number plate issued for such vehicle. (d) Stop lights. - Every motor vehicle shall be equipped at the rear with at least one lamp which shall throw a sustained bright red light visible under all conditions, even under bright sunlight, when the brakes are applied. Each bus, truck, trailer, or similar vehicle shall be equipped as its stop light at or near its rear center with a lamp at least twelve centimeters in diameter with the word "stop" inscribed in the center. (e) Motorcycle and other vehicle lights. - Every motor vehicle of less than one meter of projected width shall be subject to the preceding provisions of this section, except that one headlight and one tail light shall be required. No signal light shall be necessary. Additional lamps may be carried provided they comply with the preceding provisions of this section. (f) Lights when parked or disabled. - Appropriate parking lights or flares visible one hundred meters away shall be displayed at a comer 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.
(g) 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. (h) 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 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. (i) 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.
CHAPTER IV - TRAFFIC RULES ARTICLE 1. - SPEED LIMIT AND KEEPING TO THE RIGHT SEC. 35. Restriction as to speed. (a) 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. (b) Subject to the provision of the preceding paragraph, the rate of speed of any motor vehicle shall not exceed the following: MAXIMUM ALLOWABLE SPEEDS
Passenger cars MC 1. On open country roads, with no 80 km. Per hour "blind corners" not only closely bordered by habitations. 2. On "thorough streets" or boulevards, 40 km per hour clear of traffic, with no "blind comers", when so designated 3. On city and municipal streets, with 30 km per hour light traffic, when not designated "thorough streets 4. Thorough crowded streets, 20 km per hour approaching intersections at "blind comers," passing school zones, passing other vehicles which are stationary, or for similar dangerous circumstances.
& Motor trucks & buses 50 km per hour
30 km per hour
30 km per hour
20 km per hour
(c) The rated of speed herein above prescribed shall nor be apply to the following: (1) A physician of 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. (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 useless or unnecessary fast driving or drivers aforementioned. . SEC.36. Speed limits uniform throughout the Philippines. – No provincial, city or municipal authority shall enact or enforce any ordinance or resolution specifying maximum allowable speeds other than those provided in this Act. SEC. 37. Driving on right side of highway. - Unless a different course of action is required in the interest of the safety and the security of life, person or property, or because of unreasonable difficulty of operation in compliance herewith, every person operating a motor vehicle or an animal drawn vehicle on a highway shall pass to the right when meeting persons or vehicles coming toward him, and to the left when overtaking persons or vehicles going the same direction, and when turning to the left in going from one highway to another, every vehicle shall be conducted to the right of the center of the intersection of the highway. SEC. 38. Classification of highways. - Public highways shall be properly classified for traffic purposes by the provincial board, municipal board or city council having jurisdiction over them, and said provincial board, municipal board or city council shall provide appropriate signs therefor, subject to the approval of the Commissioner. It shall be the duty of every provincial, city and municipal secretary to certify to the Commissioner the names, locations, and limits of all "through streets" designated as such by the provincial board, municipal board council. ARTICLE II. - OVERTAKING AND PASSING A VEHICLE, AND TURNING AT INTERSECTIONS SEC. 39. Overtaking a vehicle. - The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof, and shall not again drive to the right side of the highway until safely clear such overtaken vehicle, except that, on a highway, within a business or residential district, having two or more lanes for the movement of traffic in one direction, the driver of a vehicle may overtake and pass another vehicle on the right. Nothing in this section shall be construed to prohibit a driver overtaking and passing, upon the right, another vehicle which is making or about to make a left turn. SEC. 40. Driver to give way to overtaking vehicle. - The driver of a vehicle about to be overtaken and passed by another vehicle approaching from the rear shall give way to the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. SEC. 41. Restrictions on and passing. (a) The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking or passing another vehicle proceeding in the same direction, unless such left side is clearly visible, and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking or passing to be made in safety. (b) The driver of a vehicle shall not overtake or pass another vehicle processing in the same direction, when approaching the crest of a grade, nor upon a curve in the
highway, where the driver's view along the highway is obstructed within a distance of five hundred feet ahead, except on a highway having two or more lanes for movement of traffic in one direction where the drive of a vehicle may overtake or pass another vehicle: Provided, That on a highway, within a business or residential district, having two or more lanes for movement of traffic in one direction where the driver of a vehicle may overtake or pass another vehicle on the right. (c) The driver of a vehicle shall not overtake or pass any other vehicle proceeding in the same direction, at any railway grade crossing, nor at any intersection of highways, unless such intersection or crossing is controlled by traffic signal, or unless permitted to do so by a watchman or a peace officer, except on a highway having two or more lanes for movement of traffic in one direction where the driver of a vehicle may overtake or pass another vehicle on the right. Nothing in this section shall be construed to prohibit a driver overtaking or passing, upon the right, another vehicle which is making or about to make a left turn. (d) The driver of a vehicle shall not overtake or pass, or attempt to pass, any other vehicle, proceeding in the same direction, between any points indicated by the placing of official temporary warning or caution signs indicating that men are working on the highway. (e) The driver of a vehicle shall not overtake or pass, or attempt to overtake or pass, any other vehicle proceeding in the same direction in any "no passing or overtaking zone." ARTICLE III. - RIGHT OF WAY AND SIGNALS SEC. 42. Right of way. - (a) When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except as otherwise hereinafter provided. The driver of any vehicle travelling at an unlawful speed shall forfeit any right of way which he might otherwise have hereunder. (b) The driver of a vehicle approaching but not having entered an intersection, shall yield the right of way to a vehicle within such intersection or turning therein to the left across the line of travel of such first-mentioned vehicle, provided the driver of the vehicle turning left. Has given a plainly visible signal of intention to turn as required in this Act. (c) The driver of any vehicle upon a highway within a business or residential district shall yield the right of way to a pedestrian crossing such highway within a crosswalk, except at intersections where the movement of traffic is being regulated by a peace officer or by traffic signal. Every pedestrian crossing a highway within a business or residential district, at any point other than a crosswalk, shall yield the right of way to vehicles upon the highway. (d) The driver of a vehicle upon a highway shall bring to a full stop such vehicle before traversing any "through highway" or railroad crossing: Provided, That when it is apparent that no hazard exists, the vehicle may be slowed down to five miles per hour instead of bringing it to a full stop. SEC. 43. Exception to the right of way rule. (a) The driver of a vehicle entering a highway from a private road or drive shall yield the right of way to all vehicles approaching on such highway.
(b) The driver of a vehicle upon a highway shall yield the right of way to police of 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 highways" of a "stop intersection" shall yield the right of way to all vehicles approaching in either direction on such "through highway": Provided, That nothing in this subsection shall be construed as relieving the driver of any vehicle being operated on a through highway" from the duty of driving with due regard for the safety of vehicles entering such "thorough highway" nor as protecting the said driver from the consequence of an arbitrary exercise of such right of way. SEC. 44. Signal on starting, stopping or turning. (a) The driver of any vehicle upon a highway, before starting, stopping or turning from a direct line, shall first see that such movement can be made in safety, and if any pedestrian may be affected by such movement, shall give a clearly audible signal by sounding the hom, and whenever the operation of any other vehicle approaching or following may be affected by such movement, shall give a signal plainly visible to the driver of such vehicles of the intention to make such movement. (b) The signal herein required shall be given by means of extending the hand and arm beyond the left side of the vehicle, or by an approved mechanical or electrical signal-device. ARTICLE IV. -TURNING AND PARKING SEC. 45. Turning at intersections (a) The driver of a vehicle intending to run to the right at an intersection shall approach such intersection in the lane for traffic nearest to the right-hand side of the highway and, in turning, shall keep as close as possible to the right-hand curb or edge of the highway. (b) The driver of a driver intending to turn to the left shall approach such intersection in the lane for traffic to the right of and nearest to the center line of the highway, and, in turning, shall pass to the left of the center of the intersection, except that, upon highways laned for traffic and upon one-way highways, a left turn shall be made from the left lane of traffic in the direction in which the vehicle is proceeding. (c) For the purpose of this section, the center of the intersection shall mean the meeting point of the medial lines of the highways intersecting one another, except when it is occupied by a monument, grass plot or any permanent structure, other than a traffic control device. SEC. 46. Parking prohibited in specified places. - No driver shall parka vehicle, or permit it to stand, whether attended or unattended, upon a highway in any of the following places: (a) Within an intersection (b) On a crosswalk (c) Within six meters of the intersection of curb lines. (d) Within four meters of the driveway entrance to 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 cub or edge of the highway. (h) At any place where official signs have been erected prohibiting parking. SEC. 47. Parked vehicle. - Whenever a motor vehicle is parked unattended on any highway, the driver thereof must turn off the ignition switch and stop the motor and notch effectively the hand brake. ARTICLE V. - MISCELLANEOUS TRAFFIC RULES SEC. 48. Reckless driving. - No person shall operate a motor vehicle on any highway recklessly or without reasonable caution considering the width, traffic, grades, crossing, curvatures, visibility and other conditions of the highway and the conditions of the atmosphere and weather, or so as to endanger the property or the safety or rights of any person or so as to cause excessive or unreasonable damage to the highway. SEC. 49. Right of way for police and other emergency vehicles. - Upon the approach of any police or fire department vehicle, or of an ambulance giving audible signal, the driver of every other vehicle shall immediately drive the same to a position as neat 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. SEC. 50. Tampering with vehicles. - No unauthorized person shall sound the horn, handle the levers or set in motion or in any way tamper with or damage or deface any motor vehicle. SEC. 51. Hitching to a vehicle. - No person shall hang on to, or ride on, the outside or the rear end of any vehicle, and no person on a bicycle, roller skate or other similar device, shall hold fast to or hitch on to any moving vehicle, and or driver shall knowingly permit any person to hang on to, or ride on, the outside or rear end of his vehicle or allow any person on a bicycle, roller skate or other similar device to hold fast or hitch to his vehicle. SEC. 52. Driving or parking on sidewalk. - No person shall drive or park a motor vehicle upon or along any sidewalk, path or alley not intended for vehicular traffic or parking. SEC. 53. Driving while under the influence of liquor or narcotic drug. No person shall drive a motor vehicle while under the influence of liquor of narcotic drug. SEC. 54. Obstruction of traffic. - No person shall drive his motor vehicle in such a manner as to obstruct or impede the passage of any vehicle, nor, while discharging or taking on passengers or loading or unloading freight, obstruct the free passage of other vehicles on the highway. SEC.55. Duty of driver in case of accident. - In the event that any accident should occur as a result of the operation of a motor vehicle upon a highway, the driver shall stop immediately, and, if requested by any person present, shall show his driver's license, give his true name and address and also the true name and address of the owner of the motor vehicle. No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances:
1. If he is in imminent danger of being seriously harmed by any person or persons by reason of the accident. 2. If he reports the accident to the nearest officer of the law; or j 3. If he has to summon a physician or nurse to aid the victim. a SEC. 56. Penalty for violation. - The following penalties shall be imposed for violations of this Act: I a) For registering later than seven days after acquiring title to an unregistered •• motor vehicle or after conversion of a registered motor vehicle requiring larger registration fee than that for which it was originally registered, or J for a renewal of a delinquent registration, the penalty shall be a fine of fifty per cent of the registration fees corresponding to the portion of the year for which the vehicle is registered for use. (b) For failure to sign driver's license or to carry same while driving, one hundred pesos fine. (c) Driving a vehicle with a delinquent or invalid driver's license, two hundred pesos fine or imprisonment not exceeding fifteen days. (d) Driving a motor vehicle with delinquent, suspended or invalid registration, or without registration or without proper license plate for the current year, three hundred pesos fine or imprisonment not exceeding fifteen days, at the discretion of the court. (e) Driving a motor vehicle without first securing a driver's license, five hundred pesos fine or imprisonment of not exceeding fifteen days. (f) Driving a motor vehicle while under the influence of liquor or narcotic drug, a fine of not less than one thousand pesos or imprisonment of not less than one thousand pesos or imprisonment of not less than three of more than six months, or both, at the discretion of the court. (g) Violation of Section thirty-two, thirty-four (a), (b) and (b-1), thirty-five and forty-six, a fine not exceeding one hundred pesos: Provided, however, That in the case of violation of Section 34 (b) the vehicle or vehicles affected may not be allowed to operate, unless the requirements provided in this section are complied with. (h) Violations of Section forty-nine, fifty-one, and fifty two, a fine of not less than twenty-five pesos nor more than fifty pesos. (i) For using or attempting to use a driver's license, identification card, certificate of registration, number plate, tag or permit in similitude of those issued under this Act, of falsely or fraudulently representing as valid and in force any driver’s license under this act which is delinquent or which has been suspended or revoked, a fine of not less than one thousand nor more than three thousand pesos or imprisonment of not more than six months, or both, at the direction of the court. For making, manufacturing, distributing or selling a driver's license, identification card, certificate of registration, number plate, tag or permit in imitation or similitude of those issued under this Act, the penalties under the provisions of the Revised Penal Code. If the violation is committed by public officer or employee, the offender shall furthermore suffer perpetual absolute disqualification. (j) For using private passenger automobiles, private trucks, private motorcycles, and motor wheel attachments for hire, in violation of Section seven, subsections (a), (b), and (c), of this Act, a fine of two hundred pesos and suspension of driver's license for a period of three months for the first conviction; a fine of three hundred pesos and six
months imprisonment for the second conviction; and an imprisonment of one year and permanent revocation of the driver's license for the third conviction. (k) For permitting, allowing, consenting to, or tolerating the use of privately-owned motor vehicles for hire in violation of Section seven, subsections (a), (b), and (c), of this Act, there shall be imposed upon the owner of the vehicle a fine of five hundred pesos and the certificate of registration shall be suspended for a period of three months for the first conviction, and an increase of one hundred pesos in the fine and one month's suspension of the registration for each subsequent conviction. (1) For violation of any provisions of this Act or regulations promulgated pursuant hereto, not hereinbefore specifically punished, a fine of not less than one hundred nor more than five hundred pesos shall be imposed. (m)In the event and offender cannot pay any fine imposed pursuant to the provisions of this Act, he shall be made to undergo subsidiary imprisonment as provided for in the Revised Penal Code. (n) If, as the result of negligence or reckless or unreasonable fast driving, any accident occurs resulting in death or injury of any person, the motor vehicle operator at fault shall, upon conviction, be punished under the provisions of the Revised Penal Code. (As amended by BP 398.) SEC. 57. Punishment for other offenses. - The conviction of any person for any offense under this Act shall not bar his prosecution for any other offense which may have been committed by such person concurrently with the commission of the offense of which he was convicted or in doing the act of series of acts which constituted the offense of which he was convicted. SEC. 58. Duty of Clerks of court. - It is hereby made the duty of clerks of the Court of First Instance, the City Court or Municipal Court trying traffic violation cases to certify to the Commission the result of any case, whether criminal or civil, involving violations of any provisions of this Act or of those laws and ordinances relating to motor vehicles. Said certificate shall specifically contain the name of the driver or owner of the vehicle involved, his address, the number of his license and/or of the certificate of registration of his vehicle, and the date thereof, and the offense of which he was convicted or acquitted. ARTICLE II. - COLLECTION OF FEES, TAXES AND FINES, LIENS, ALLOTMENT OF FUNDS SEC. 59. (a) Collection of fees; national and local taxes; toll fees. - The collection of all fees, taxes, and fines, under the provisions of this Act shall be made in accordance with regulations to be prescribed by the Commissioner and approved jointly by the Auditor General. (b) No taxes of fees other than those prescribed in this Act shall be imposed for the registration or operation or on the ownership of any motor vehicle, or for the exercise of the profession of chauffeur, by any municipal corporation, and provisions of any city charter to the contrary notwithstanding: Provided, however, That any provincial board, city or Page 125 missing
APPENDIX "B" (COMMONWEALTH ACT NO. 146) THE PUBLIC SERVICE ACT AN ACT TO REORGANIZE THE PUBLIC SERVICE COMMISSION, PRESCRIBE ITS POWERS AND DUTIES, DEFINE AND REGULATE PUBLIC SERVICES, PROVIDE AND FIX THE RATES AND QUOTA OF EXPENSES TO BE PAID BY THE SAME, AND FOR OTHER PURPOSES. CHAPTER I. - ORGANIZATION SECTION 1. This Act shall be known as the "Public Service Act." SEC. 2. There is created a Commission which shall be designated and known as the Public Service Commission, Composed of one Public Service Commissioner and two Associate Commissioners, and which shall be vested with the powers and duties hereafter specified. Whenever the word "Commission" is used in this Act, it shall be held to mean the Public Service Commission, and whether the word "Commissioner" is Used in this Act, it shall be held to mean the Public Service Commissioner or either of the Associate Commissioner. The Public Service Commissioner and the Associate Public Service Commissioners shall be citizens and residents of the Philippines, not under thirty years of age; member of the Bar of the Philippines, and shall be appointed by the President of the Philippines, with the consent of the Commission on Appointments of the Congress of the Philippines. (As amended by R. A. No. 178.) SEC. 3. The Commissioner and Associate Commissioners shall hold office until they reach the age of seventy years, or until removed in accordance with the procedure prescribed in section one hundred and seventy three Of Act Numbered Twenty-seven hundred and eleven, known as the Revised Administrative Code. In case of the absence, for any reason, of the Public Service Commissioner, the Associate Commissioner with seniority of appointment shall act as Commissioner. If on account of absence, illness of incapacity of any of the commissioners, or whenever by reason of temporary disability of any Commissioner or of a vacancy occurring therein, the requisite number of Commissioners necessary to render a decision or issue an order in any case is not present, or in the event of a tie vote among the Commissioners, the Secretary of Justice may designate such number of | judges of the Court of First Instance, as may be necessary, to sit temporarily as | Commissioners in the Public Service Commission. * All the powers herein vested upon the Commission shall be considered vested upon any of the Commissioners, acting either individually or jointly as hereinafter provided. The Commissioners shall equitably divide among themselves all pending cases and those that may hereafter be submitted to the Commission, in such manner and form as they may determine, and shall proceed to hear and determine the cases assigned to each; Provided, however. That (1) all contested cases, (2) all cases involving the fixing of rates, and (3) all petitions for reconsideration of orders or decisions shall be heard by the Commission in bane; and the affirmative vote of at least Two Commissioners shall be necessary for the
promulgation of a decision or a non-interlocutory order: And, provided, further, That in cases (1) and (2) the Commission may delegate the reception of the evidence to one of the Commissioners, who shall report to the Commission en bane, the evidence so receive by him to enable it to render its decision. (As amended by R. A. No. 178.) SEC. 4. The Public Service Commissioner shall receive an annual compensation of Eleven thousand pesos; each of the Associate Commissioners an annual compensation often thousand pesos. (As amended by R. A. No. 178.) SEC. 5. The Public Service Commissioner, the Associate Public Service Commissioners, and all other officers and employees of the Public Service Commission shall enjoy the same privileges and rights as the officers and employees of the classified civil service of the Government of the Philippines. They shall also be entitled to receive from the Government of the Philippines their necessary travelling expenses while travelling on the business of the Commission, which shall be paid on proper voucher thereof, approved by the Secretary of Justice, out of funds appropriated for the contingent expenses of the Commission. (As amended by R.A. 178.) SEC. 6. The Secretary of Justice, upon recommendation of the Public Service Commissioner, shall appoint a secretary of the Commission and such other officers and employees as may be provided in the Appropriation Act. The Public Service Commissioner shall have general executive control, direction and supervision over the work of the Commission and of its members, body and personnel, and over all administrative business. (As amended by R. A. 178.) SEC. 7. The Secretary of the Commission, under the direction of the Commissioner, shall have charge of the administrative business of the Commission and shall perform such other duties as may be required of him. He shall be the recorder and official reporter of the proceedings of the Commission and shall have authority to administer oaths in all matters coming under the jurisdiction of the Commission. He shall be the custodian of the records, maps, profiles, tariffs, itineraries, reports, and any other documents and papers filed with the Commission or entrusted to his care and shall be responsible therefor to the Commission. He shall have the authority to designate from time to time any of his delegates to perform the duties of deputy secretary with any of the Commissioners. SEC. 8. The Commissioner shall furnish to the Secretary such of its findings and decisions as in its judgement may be of general public interest the secretary shall compile the same for the purpose of publication in a series of volumes to be designated " Reports of the Public Service Commission of the Philippines," which shall be published in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained without any further proof or authentication thereof. SEC. 9. No member or employee of the Commission shall have any official or professional relation with any public service as herein defined of hold any other office of profit or trust with the Government of the Philippines or of the United States.
SEC. 10. The Commission shall have its office in the city of Manila at such place as may be designated, and may hold hearings on any proceedings as such times and places, within the Philippines, as it may provide by order in writing: Provided, That during the months of April and May of each year, one of the Commissioners shall be on duty and the other two Commissioners shall be on vacation in such manner that once every three years one of them shall be on duty during April and May: Provided, however, That in the interest of public service, the Secretary of Justice may require one or both of the other two Commissioners not on duty to render services and perform their duties during the vacation months. (As amended by R. A. No. 178.) SEC. 11. The Commission shall have the power to make needful rules for its government and other proceedings not inconsistent with this Act and shall adopt a common seal; and judicial notice shall be taken of such seal. True copies of said rules and their amendments shall be promptly furnished to the Bureau of Printing and shall be forthwith published in the Official Gazette. SEC. 12. The Commission shall report annually, as soon as practicable after the first day of January of each year, to the Secretary of Justice, making such recommendations as it may deem proper. CHAPTER II. - JURISDICTION, POWERS AND DUTIES OF THE COMMISSION SEC. 13. (a) The Commission shall have jurisdiction, supervision, and control over all public services and their franchises, equipment and other properties and in the exercise of its authority, it shall have the necessary powers and the aid of the public force: Provided, That it shall have no authority to require steamboats, motorships and steamship lines, whether privately owned, or owned or operated by any Government controlled corporation or instrumentality, to obtain certificates of public convenience or to prescribe their definite routes or lines of service; (b) The term "public service" includes every person that now or thereafter may own, operate, manage, or control in the Philippines, for hire or compensation with general or limited clientele, whether permanent, occasional or accidental, and done for general business purposes any common carrier, railroad, street railway, traction railway, subway, motor vehicle, either for freight or passenger of both, with or without fixed route and whatever may be its classification, freight or carrier service of any class, express service, steamboat, or steamship line, pontoons, ferries, and small water craft, engaged in the transportation of passengers and freight, shipyard, marine railway, marine repair shop, warehouse, wharf or dock, ice plant, icerefrigeration plant, canal, irrigation system, sewerage, gas, electric light, heat and power, water supply and power, petroleum, sewerage system, telephone, wire or wireless telegraph system and broadcasting radio stations. (c) The word "person" includes every individual, co-partnership, joint-stock company or corporation, whether domestic or foreign, their lessees, trustees or receivers, as well as any municipality, province, branch or agency of the Government of the Republic of the Philippines, and whatever other persons or entities that may own or possess or operate public services. (As amended by C. A. 454.) SEC. 14. The following are exempted from the provisions of the preceding section:
(a) Ice and refrigeration plants and other public services operated in the Philippines by the Government of the United States for its exclusive use and not to serve to persons for hire or compensation; (b) Municipal warehouses; (c) Vehicles drawn by animals and bancas moved by oar and/or sail; (d) Airships within the Philippines except as regards the fixing of theii maximum rates on freights and passengers; (e) Radio companies except with respect to the fixing of rates; (f) Public services owned or operated by any instrumentality of the National Government or by any government-owned or controlled corporation. (As amended by C. A. 454.) SEC. 15. With the exception of those enumerated in the preceding section, no public service shall operate in the Philippines without possessing a valid and subsisting certificate from the Public Service Commission, known as "certificate of public convenience" or "certificate of convenience and public necessity," as the case may be, to the effect that the operation of said service and the authorization to do business will promote the public interests in a proper and suitable manner. The Commission may prescribe as a condition for the issuance of the certificate provided in the preceding paragraph that the service can be acquired by the Commonwealth of the Philippines or by any instrumentality thereof upon payment of the cost price of its useful equipment, less reasonable depreciation; and likewise that the certificate shall be valid only for a definite period of time; and that the violation of any of these conditions shall produce the immediate cancellation of the certificate without the necessity of any express action on the part of the Commission. In estimating the depreciation, the effect of the use of the equipment, its actual condition the age of the model, or other circumstances affecting its value in the market shall be taken into consideration. The foregoing is likewise applicable to any extension or amendment of certificates actually in force and to those which may hereafter be issued, to permits to modify itineraries and time schedules of public services and to authorizations to renew and increase equipment and properties. (As amended by C. A. 454.) : SEC. 16. Proceedings of the Commission, upon notice and hearing. - The Commission shall have the power, upon proper notice and hearing in accordance 'with the rules and provisions of this Act, subject to the limitations and exceptions mentioned and saving provisions to the contrary: (a) To issue certificates which shall be known as Certificates of Public Convenience, authorizing the operation of public services within the Philippines whenever the Commission finds that the operation of the public service proposed and the authorization to do business will promote the public interests in a proper and suitable manner: Provided, That hereafter, certificates of public convenience and necessity will be granted only to citizens of the Philippines or of the United States or to corporations, co-partnerships, associations or joint-stock companies constituted and organized under the laws of the Philippines: Provided, That sixty per centum of the stock or paid up capital of any such corporation, co¬partnership, association or jointstock company must belong entirely to citizens of the Philippines or of the United
States: Provide, further, That no such certificates shall be issued for a period of more than fifty years. (b) To approve, subject to constitutional limitations, any franchise or privilege granted under the provisions of Act Numbered Six hundred and sixty-seven, as amended by Act Number One thousand and twenty-two, by any political subdivision of the Philippines when, in the judgment of the Commission, such franchise or privilege will property conserve the public interests, and the Commission shall in so approving impose such conditions as to construction, equipment, maintenance, service or operation as the public interests and convenience may reasonably require, and to issue certificates of public convenience and necessity when such is required or provided by any law or franchise. (c) To fix and determine individual or joint rates, tolls, charges, classifications, or schedules thereof, as well as commutation, mileage, kilometrage, and other special rates which shall be imposed, observed, and followed thereafter by any public service: Provided, that the Commission may, in its discretion, approve rates proposed by public services provisionally and without necessity of any hearing; but it shall call a hearing thereon within thirty days thereafter, upon publication and notice to the concerns operating in the territory affected: Provided, further. That in case the public service equipment of an operator is used principally or secondarily for the promotion of a private business shall be considered in relation with the public service of such operator for the purpose of fixing the rates. (d) To fix just and reasonable standards, classifications, regulations, practices, measurements, or service to be furnished, imposed, observed, and followed thereafter by any public service. (e) To ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, initial voltage, or other condition pertaining to the supply of the product or service rendered by any public service, and to prescribe reasonable regulations for the examination and test of such product or service and for the measurements thereof. (f) To establish reasonable rules, regulations, instructions, specifications, and standards, to secure the accuracy of all meters and appliances for measurements. (g) To compel any public service to furnish safe, adequate and proper service as regards the manner of furnishing the same as well as the maintenance of the necessary material and equipment. (h) To require any public service to establish, construct, maintain and operate any reasonable extension of its existing facilities, where, in the judgement of said Commission, such extension is reasonable and practicable and will furnish sufficient business to justify the construction and maintenance of the same, and when the financial condition of the said public service reasonably warrants the original expenditure required in making and operating such extension. (i) To direct any railroad, street railway or traction company to establish and maintain at any junction or point of connection or intersection with any other line of said road or track, or with any other line of any other railroad, street railway of traction company, such just and reasonable connection as shall be necessary to promote the convenience of shippers of property, or of passengers, and in like manner to direct any railroad, street railway, or traction company engaged in carrying merchandise, to construct, maintain and operate, upon reasonable terms, a switch connection with any private sidetrack, which may be constructed by any shipper to connect with the railroad, street railway or traction company line where, in the judgement of the Commission, such connection is reasonable and practicable, and can be put in with
safety, and will furnish sufficient business to justify the construction and maintenance of the same. (j) To authorize, in its discretion, any railroad, street railway of traction company to lay its tracks across the tracks of any other railroad, street railway or traction company, or across any public highway. (k) To direct any railway or street railway company to install such safety devices or adopt such other reasonable measures as may in the judgement of the Commission be necessary for the protection of the public as passing grade crossings of (1) public highways and railroads, (2) public railways and street railways, or (3) railroad and street railways. (1) To fix and determine proper and adequate rates of depreciation of the property of any public service which will be observed in a proper and adequate depreciation account to be carried for the protection of stockholders, bondholders or creditors, in accordance with such rules, regulations and forms of account as the Commission may prescribe. Said rates shall be sufficient to provide the amounts required over and above the expense of maintenance to keep such property in a state of efficiency corresponding to the progress of the industry. Each public service shall conform its depreciation accounts to the rates so determined and fixed and shall set aside the money so provided for out of its earnings and carry the same in a depreciation fund. The income from investments of money in such fund shall likewise be carried in such fund. This fund shall not be expended otherwise than for depreciation, improvements, new constructions, extensions of additions to the property of public service. (m)To amend, modify or revoke at any time any certificate issued under the provisions of this Act, whenever the facts and circumstances on the strength of which said certificate was issued have been misrepresented or materially changed. (n) To suspend or revoke any certificate issued under the provisions of this Act whenever the holder thereof has violated or willfully and contumaciously refused to comply with any order, rule or regulation of the Commission or any provisions of this Act: Provided, that the Commission, for good cause, may prior to the hearing suspend for a period not to exceed thirty days any certificate or the exercise of any right or authority issued or granted under this act by order of the Commission, whenever such step shall in the judgement of the Commission be necessary to avoid serious and irreparable damage or inconvenience to the public or to private interest. (o) To fix, determine, and regulate, as the convenience of the state may require, a special type for auto-buses, trucks, and motor trucks, to be hereafter constructed, purchase, and operated by operators after the approval of this act; to fix and determine a special registration fee for auto-buses, trucks and motor trucks so constructed, purchased and operated: Provided, That said fees shall be smaller than those charged for auto-buses, trucks and motor trucks of types not made regulation under this sub section. SEC. 17. Proceedings of Commission without previous hearing. - The Commission shall have power, without previous hearing, subject to establish limitations and exceptions and saving provisions to the contrary: (a) To investigate, upon its own initiative, or upon complaint in writing, any matter concerning any public service as regards matters under its jurisdiction; to require any public service to furnish safe, adequate, and proper service as the public interest may require and warrant; to enforce compliance with any standard, rule, regulation, order or other requirement of this Act or of the Commission, and to prohibit or
prevent any public service as herein defined from operating without having first secured a certificate of public convenience or public necessity and convenience, as the case may be, and require existing public services to pay the fees provided for in this Act for the issuance of the proper certificate of public convenience or certificate of public necessity and convenience, as the case may be, under the penalty, in the discretion of the Commission, of the revocation and cancellation of any acquired right. (b) To require any public service to pay the actual; expenses incurred by the Commission in any investigation if it shall be found in the same that any rate, toll, charge, schedule, regulation, practice, act or service thereof is in violation of any provision of this Act or of any certificate, order, rule, regulation or requirement issued or established by the Commission. The Commission may also assess against any public service costs not to exceed twenty-five pesos with reference to such investigation. (c) From time to time appraise and value the property of any public service, whenever in the judgement of the Commission it shall be necessary to do, for the purpose of carrying out any of the provisions of this Act, and in making such valuation the Commission may have access to and use any books, documents, or records in the possession of any department, bureau, office, or board of the Government of the Philippines or any political subdivision thereof. (d) To provide, on motion by or at the request of any consumer or user of a public service, for the examination and test of any appliance used for the measuring of any product or service of a public service, and for that purpose, by its agents, experts, or examiners to enter upon any premises of the public service, for the purpose of setting up and using on said premises any apparatus necessary thereof, and to fix the fees to be paid by any consumer or user who may apply to the Commission for such examination or test to be made, and it the appliance be found defective or incorrect to the disadvantage of the consumer or user, to require the fees paid to be refunded to the consumer or user by the public service concerned. (e) To permit any street railway or traction company to change its existing gauge, upon such terms and conditions as the Commission shall prescribe. (f) To grant to any public service special permits to make extra or special i trips within the territory covered by its certificate of public convenience, | and to make special excursion trips outside of its own territory if the ' public interest or special circumstances require it: Provided, however, That in case a public service cannot render such extra service may be granted to any other public service. (g) To require any public service to keep its books, records and accounts so as to afford an intelligent understanding of the conduct of its business and to that end to require every public service of the same class to adopt a uniform system of accounting. Such system shall conform to any system approved and confirmed by the Auditor General. (h) To require any public service to furnish annual reports of finances and operations. Such reports shall set forth in detail the capital stock issued in the amounts of said capital stock paid-up and the form of payment thereof; the dividends paid, the surplus, if any, and the number of stockholders; the consolidated and pending obligations, and the interest paid thereon; the cost and value of the property of the operator; concessions or franchises and equipment; the number of employees and salaries paid to each class; the accidents to passengers, employer, and other persons, and the causes thereof; the annual expenditures on improvements, the manner of their investment and nature of such improvements; the receipts and
profits in each of the branches of the business and of whatever source; the operating and other expenses: the balance of profits and loses; and a complete statement of the annual financial operations of the operator, including an annual balance sheet. Such reports shall also contain any information, which the Commission may require concerning freight and passenger rates, or agreements, compromises or contracts affecting the same. Said reports shall cover a period of twelve months, ending on December thirty-first of each year, and shall be sworn to by the officer or functionary of the public service authorized thereof. The Commission shall also have the power to require from time to time special reports containing such information as above provided for or on other matters as the Commission may deem necessary or advisable. (i) To require every public service to file with the Commission a statement in writing, verified by oaths of the owner or the president and secretary thereof, of a corporation, setting forth the name, title of office or position, and post office address, and the authority, power, and duties of every office, member of the board of directors, trustees, executive committee, superintendent, chief or head of construction and operation thereof, in such form as to disclose the source and origin of each administrative act, rule decision, order or other action of the operator of such public service; and within ten days after any change is made in the title of, or authority, powers or duties appertaining to any such office or position, or the person holding the same, to file with the Commission a like statement, verified in like manner, setting forth such change. (j) To require any public service to comply with laws of the Philippines and with any provincial resolution or municipal ordinance relating thereto and to conform to the duties imposed upon it thereby or by the provisions of its own charter, whether obtained under any general or special law of the Philippines. (k) To investigate any or all accidents that may occur on the property of any public service or directly or indirectly arising from or connected with its maintenance or operation in the Philippines; to require any public service to give the Commission immediate and effective notice of all or any such accidents, and to make such order or recommendation with respect thereto as the public interest may warrant to require. (1) To require every public service as herein defined to file with it complete schedules of every classification employed and of every individual or joint rate, toll, fare or charge made, charged or exacted by it for any product supplied or service rendered within the Philippines, and in the case of public carriers, to file with it a statement showing the itineraries or routes served as specified in such requirement. CHAPTER III. - OPERATION OF PUBLIC SERVICES – REGULATIONS AND PROHIBITIONS Sec. 18. It shall be unlawful for any individual, co-partnership, association, corporation or joint-stock company, their lessees, trustee, or receivers appointed by any court whatsoever, or any municipality, province or other department of the Government of the Philippines, to engage in any public service business without having first secured from the Commission a certificate of public convenience or certificate of public convenience and necessity as provided for in this Act, except grantees of legislative franchises expressly exempting such grantee from the requirement of securing a certificate from this Commission as well as concerns at
present existing expressly exempted from the jurisdiction of the Commission, either totally or in part, by the provisions of section thirteen of the Act. Sec. 19. Unlawful acts. - It shall be unlawful for any public service: (a) To provide or maintain any service that is unsafe, improper, or inadequate, or withhold or refuse any service which can reasonably be demanded and furnished, as found and determined by the Commission in a final order which shall be conclusive and shall take effect in accordance with this Act, upon appeal or otherwise. (b) To make or give, directly or indirectly, by itself or though its agents, attorneys or brokers, or any of them, discounts or rebates on authorized rates, or grant credit for the payment of freight charges, or any undue or unreasonable preference or advantage to any person or corporation or to any locality or to any particular description of traffic or service, or subject any particular person or corporation or locality or any particular description of traffic to any prejudice or disadvantage in any respect whatsoever; to adopt, maintain, or enforce any regulation, practice or measurement which shall be found or determined by the Commission to be unjust, unreasonable, unduly preferential or unjustly discriminatory, in a final order which shall be conclusive and shall take effect in accordance with the provisions of this Act, upon appeal or otherwise. (c) To refuse or neglect, when requested by the Director of Posts or his authorized representative, to carry public mail on the regular trips of any public land transportation service maintained or operated by any such public service upon such terms and conditions and for a consideration in such amount as maybe agreed upon between the Director of Posts and the public service carrier or fixed by the Commission in the absence of an agreement between the Director of Posts and the carrier. In case the Director of Posts and the public service carrier are unable to agree on the amount of the compensation to be paid for the carriage of the mail, the Director of Posts shall forthwith request the Commission to fix a just and reasonable compensation for such carriage and the same shall be promptly fixed by the Commission in accordance with section sixteen of this act. SEC. 20. Acts requiring the approval of the Commission. Subject to established limitations and exceptions and saving provisions to the contrary, it shall be unlawful for any public service or for the owner, lessee or operator thereof, without the approval and authorization of the Commission previously had (a) To adopt, establish, fix, impose, maintain, collect or carry into effect any individual or joint rates, commutation, mileage or other special rates, toll, fare, charge, classification or itinerary. The Commission shall approve only those that are just and reasonable and not any that are unjustly discriminatory or unduly preferential, only upon reasonable notice to the public services and other parties concerned giving them a reasonable opportunity to be heard, and the burden of proof to show that the proposed rates or regulation are just and reasonable shall be upon the public service proposing the same. (b) To establish, construct, maintain, or operate new units or extend existing facilities or make any other addition to or general extension of the service. (c) To abandon any railroad station or stop the sale of passenger tickets, or cease to maintain an agent to receive and discharge freight at any station now or hereafter establish at which passenger tickets are now or may hereafter be regularly sold or at which such agent is now or may hereafter be maintained, or make any permanent change in its timetables of itineraries on any railroad or in its service.
(d) To lay any railroad or street railway track across any highway, so as to make a new crossing at grade, or cross the tracks of any other railroad or street highway, provided that this sub-section shall not apply to replacements of lawfully existing tracks. (e) Hereafter to issue any stocks or stock certificates presenting an increase of capital; or issue any share of stock without par value; or issue any bonds or other evidence of indebtedness payable in more that one year from the date of issuance thereof, provided that it shall be the duty of the Commission, after hearing, to approve any such issue maturing in more than one year from the date thereof, when satisfied that the same is to be made in accordance with law, and the purpose of such issue be approved by the Commission. (f) To capitalize any franchise in excess of the amount inclusive of any tax or annual charge, actually paid to the Government of the Philippines of any political subdivision thereof as the consideration of said franchise; capitalize any contract for consolidation, merger, or lease, or issue any bonds or other evidence of indebtedness against or as a lien upon any contract for consolidation, merger, or lease; provided, however, that the provisions of this section shall not prevent the issuance of stock, bonds, or other evidence of indebtedness subject to the approval of the Commission by any lawfully merged or consolidated public services not in contravention of the provisions of this section. (g) To sell, alienate, mortgage, encumber or lease its property, franchises, certificates, privileges, or rights or any part thereof; or merge or consolidate its property, franchises, privileges or rights or any part thereof, with those of any public service. The approval herein shall be given, after notice to the public and after hearing the persons interested at a public hearing, if it be shown that there are just and reasonable grounds for making the mortgage or encumbrance, for liabilities of more than one year maturity, or the sale, alienation, lease, merger, or consolidation to be approved, and that the same are not detrimental to the public interest, and in case of a sale, the date on which the same is to be consummated shall be fixed in the order of approval: Provided, however, That nothing herein contained shall be construed to prevent the transaction from being negotiated or completed before its approval or to prevent the sale, alienation, or lease by any public service of any of its property in the ordinary course of its business. ; (h) To sell or register in its books the transfer or sale of shares of its capital stock, if the result of that sale in itself or in connection with another previous sale, shall be to vest in the transferee more than forty per centum of the subscribed capital of said public service. Any transfer made in violation of this provision shall be void and of no effect and shall not be registered in the books of the public service corporation. Nothing herein contained shall be construed to prevent the holding of shares lawfully acquired (As amended by C. A. 454.) (i) To sell alienate or in any manner transfer shares of its capital stock to any alien if the result of that sale, alienation or transfer in itself or in connection with another previous sale shall be the reduction to less than sixty per centum of the capital stock belonging to Philippine citizens. Such sale, alienation or transfer shall be void and of no effect and shall be sufficient cause for ordering the cancellation of the certificate. (j) To issue, give or tender, directly or indirectly, any free ticket, free pass, free pass or free or reduce rate of transportation for passengers, except to the following persons: (1) officers, agents, employees, attorneys, physicians and surgeons of said public service, and member of their families; (2) inmates of hospitals or charity institutions, and persons engaged in charitable work; (3) indigent, destitute, and
homeless persons when transported by charitable societies or hospitals, and the necessary agent employed in such transportation; (4) the necessary caretakers, going and returning, of livestock, poultry, fruit, and the freight under uniform and nondiscriminatory regulation; (5) employees of sleeping car corporations, express corporation, and telegraph and telephone corporations; railway and marine mail service employees, when travelling in the course of their official duty; (6) post office inspectors, customs officers and inspectors, and immigration inspectors when engaged in inspection; (7) witnesses attending any legal investigation in which the public service is an interested party; (8) persons injured in accidents or wrecks, and physicians and nurses attending such persons; (9) peace officers and men of regularly constituted fire departments. (As amended by C.A. 454.) (k) Adopt, maintain, or apply practices or measures, rules or regulations, which the public shall be subject in its relations with the public service. CHAPTER IV. - PENALTIES FOR VIOLATIONS SEC. 21 Every public service violating or failing to comply with the terms and conditions of any certificate or any orders, decisions or regulations of the Commission shall be subject to a fine of not exceeding two hundred pesos per day for everyday during which such default or violation continues; and the Commission is hereby authorized and empowered to impose such fine, after due notice and hearing. The fines so imposed shall be paid to the government of the Philippines through the Commission, and failure to pay the fine in any case within the time specified in the order or decision of the Commission shall be deemed good and sufficient reason for the suspension of the certificate of said public service until payment shall be made. Payment may also be enforced by appropriate action brought in a court of competent jurisdiction. The remedy provided in this section shall not be bar to, or affect any other remedy provided in this Act but shall be cumulative and additional to such remedy or remedies. SEC. 22 Observance of the orders, decisions, and regulations of the Commission and of the terms and conditions of any certificate may also be enforced by mandamus or injunction in appropriate cases, or by action to compel the specific performance of the orders, decisions and regulations so made, or of the duties imposed by law upon such public service; Provided, That the Commission may compromise any case that may arise under this Act in such manner and for such amount as it may deem just and reasonable. SEC 23. Any public service corporation that shall perform, commit, or do any act or thing herein forbidden or prohibited or shall neglect, fail, or omit to do or perform any act or thing herein required to be done or performed, shall be punished by a fine not exceeding twenty five thousand pesos, or by imprisonment not exceeding five years, or both, in the discretion of the court. SEC 24. Any person who shall knowingly and willfully perform, commit, or do, or participate in the performing, committing, or doing or who shall knowingly and willfully cause, participate, or join others in causing any public service corporation or company to do, perform, or commit, or who shall advise, solicit, persuade or
knowingly and willfully instruct, direct, or order any officer, agent, or employee of any public service corporation or company to perform, commit, or do any act or thing forbidden or prohibited by this Act, shall be punished by a fine not exceeding two thousand pesos, or by imprisonment not exceeding two years, or both, in the discretion of the court: Provided, however, That for operating a private passenger automobile as a public service without having a certificate of public convenience for the same, the offender shall be subject to the penalties provided for in section sixty seven (j) of Act Numbered Thirty nine hundred and ninety two. SEC. 25 Any person who shall knowingly and willfully neglect, fail or omit to do or perform, or who shall knowingly and willfully cause or join or participate with others in causing any public service corporation or company to neglect, or omit to do or perform, or who shall advise, solicit, or persuade, or knowingly and willfully instruct, direct, or order any officer, agent, or employee of any public service corporation or company to neglect, fail, or omit to do any act or thing required to be done by this Act, shall be punished by a fine not exceeding two thousand pesos or by imprisonment not exceeding two years, or both, in the discretion of the court. Sec. 26 Any person who shall destroy, injure, or interfere with any apparatus or appliance owned or operated by or in charge of the Commission or its agents, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one thousand pesos or imprisonment not exceeding six months, or both, in the discretion of the court. Any public service permitting the destruction, injury to, or interference with, any such apparatus or appliance, shall forfeit a sum not exceeding four thousand pesos for each offense. SEC 27. This Act shall not have the effect to release or waive any right of action by the Commission or by any person for any right penalty, or forfeiture which may have arise, under any of the laws of the Philippines, and any penalty or forfeiture enforceable under this Act shall not be a bar to or affect a recovery for a right, or affect or bar any criminal proceedings against any public service or person or persons operating such public service, its officers, directors, agents, or employees. SEC 28. Violations of the orders, decisions, and regulations of the Commission shall prescribe after sixty days, and violations of the provisions of this Act shall prescribe after one hundred and eighty days. CHAPTER V.- PROCEDURE AND REVIEW Sec 29. All hearings and investigations before the commission shall be governed by rules adopted by the Commission, and in the conduct thereof the Commission shall not be bound by the technical rules of legal evidence; Provided, That the Public Service Commissioner or Associate Commissioners may summarily punish for contempt by a fine not exceeding two hundred pesos or by imprisonment not exceeding ten days, or both, any person guilty of misconduct in the presence of the Commissioner or Associate Commissioners or so near the same as to interrupt the hearing or session or any proceedings before them , including cases in which a person present at a hearing, session, or investigation held by either of the Commissioners refuses to be sworn as a witness or to answer as such when lawfully
required to do so. To enforce the provisions of this section, the Commission may, if necessary, request the assistance of the municipal police for the execution of any order made for the said purpose. (As amended by R. A. NO. 178.) SEC. 30 (a) The Commission may issue subpoenas and subpoenas duces dictum, for witnesses in any matter or inquiry pending before the Commission and require the production of all books, papers, tariffs, contracts, agreements, and all other documents, which the Commission may deem necessary in any proceedings. Such process shall be issued under the seal of the Commission, signed by one of the Commissioners or by the secretary, and may be served by any person of full age, or by registered mail. In case of disobedience to such subpoena, the Commission may invoke the aid of the Supreme Court, or of any Court of First Instance of the Philippines, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this chapter, and the Supreme Court or any Court of First Instance of the Philippines within the jurisdiction of which such inquiry is carried on, may, incase of contumacy or refusal to obey a subpoena, issue to any public service subject to the provisions of this Act, or to any other person to appear before the Commission and produce the papers and books if so ordered and give evidence touching the matter in question; may be punished by such court as contempt thereof. (b) Any person who shall neglect or refuse to answer any lawful inquiry or produce before the Commission books, papers, tariffs, contracts, agreements, and documents or other things called for by said Commission, if in his power to do so, in obedience to the subpoena or lawful inquiry of the Commission, upon conviction thereof by a court of contempt jurisdiction, shall be punished by fine not exceeding five thousand pesos or by imprisonment not exceeding one year, or both, in the discretion of the court. (c) The Commissioner and Associate Commissioners, the chiefs of divisions, the attorneys of the Commission, and the deputy secretaries shall have the power to administer oaths in all matters under the jurisdiction of the Commission. (As amended by R. A. No. 178.) (d) Any person, who shall testify falsely or make any false affidavit or oath before any of its members shall be guilty of perjury, and upon conviction thereof in a court of competent jurisdiction, shall be punished as provided by law. (e) Witnesses appearing before the Commission in obedience to subpoena or subpoena duces tecum, shall be entitled to receive the same fees and mileage allowance as witnesses attending Courts of First Instance in civil cases. (f) Any person who shall obstruct the Commission or either of the Commissioners while in the discharge of official duties, or who shall conduct himself in a rude, disrespectful or disorderly manner before the Commission or either of the Commissioners on occasion or by reason of the performance of his official duties, upon conviction thereof by court of competent jurisdiction shall be punished for each offense by fine not exceeding one thousand pesos, or by imprisonment not exceeding six months, or both, in the discretion of the court. SEC. 31. No person shall be excused from testifying or from producing a book, document or paper in any investigation or inquiry or by upon the hearing before the Commission, when ordered so to do by said Commission, except when the testimony or evidence required from him may tend to incriminate him. Without the consent of the interested party, no member or employee of the Commission shall be
compelled or permitted to give testimony in any civil suit to which the Commission is not a party, with regard to secrets obtained by him in the discharge of his official duty. SEC. 32. The Commission may, in any investigation or hearing, by its order in writing, cause the depositions of witnesses residing within or without the Philippines to be taken in the manner prescribed by the Code of Civil Procedure. The Commission may also, by proper order, commission any of the attorneys of the Commission or chiefs of division to receive evidence, and it may likewise commission any clerk of the Court of First Instance or justice of the peace of the Philippines to take the testimony of witnesses in any case pending before the Commission where such witnesses reside in places distant from Manila and it would be inconvenient and expensive for them to appear personally before the Commission. It shall be the duty of the clerk of the Court of First Instance or justice of the peace so commissioned to designate promptly a date or dates for the taking of such evidence, giving timely notice to the parties, and on such date to proceed to take the evidence, reducing it to writing. After the evidence has been taken, the justice of the peace shall forthwith certify to the correctness of the testimony of the witnesses and forward it to the Commission. It shall be the duty of the respective parties to furnish stenographers for taking and transcribing the testimony taken. In case there are no stenographer's available, such person as shall take the testimony in longhand the justice of the peace may designate. For the convenience of the parties the Commission may also commission any other person to take the evidence in the same manner. SEC. 33. Every order made by the Commission shall be reserved upon the person or public service affected thereby, within ten days from the time said order is filed, by personal delivery or by ordinary mail, upon the attorney of record, or in case there be no attorney of record upon the party interested; and in case such certified copy is sent by registered mail, the registry mail receipt shall be prima facie evidence of the receipt of such order by the public service in due course of mail. All orders of the Commission to continue an existing service of prescribing rates to be charged shall be immediately operative; all other orders shall become effective upon the dates specified therein: Provided, however, That orders, resolutions or decision in controvert matters and not referring to the continuance of an existing service or prescribing rates to be charged shall not be effective unless otherwise provided by the commission, and shall take effect thirty days after notice to the parties. SEC. 34. Any interested party may request the reconsideration of any order, ruling, or decision of the Commission by means of a petition filed not later that fifteen days after the date of the notice of the order, ruling or decision in question. The grounds on which the request for reconsideration is based shall be clearly and specifically stated in the petition. Copies of said petition should be served on all parties interested in the matter. It shall be the duty of the Commission to call a hearing on said petition immediately, with notice to the parties, and after hearing to decide the same promptly, either denying the petition or revoking or modifying the order, ruling or decision under consideration. SEC. 35. The Supreme Court is hereby given jurisdiction to review any order, ruling, or decision of the Commission and to modify or set aside such order, ruling or decision when it clearly appears that there was no evidence before the Commission
to support reasonably such order, ruling, or decision, or that the same is contrary to law, or that it was without the jurisdiction of the Commission. The evidence presented to the Commission, together with the record of the proceedings before the Commission, shall be certified by the secretary of the Commission to the Supreme Court. Any order, ruling or decision of the Commission may likewise be reviewed by the Supreme Court upon a writ of certiorari in proper cases. The procedure for review, except as herein provided, shall be prescribed by the rules of the Supreme Court. SEC. 36. Any order, ruling or decision of the Commission may be reviewed on the application of any person or public service affected thereby, by certiorari in appropriate cases, or by petition to be known as petition for review, which shall be filed within thirty days from the notification of such order, ruling, or decision or, in case a petition for the reconsideration of such order, ruling, or decision is filed in accordance with the preceding section and the same is denied, it shall be filed within fifteen days after the notice of the order denying reconsideration. Said petition shall be placed on file in the office of the clerk of the Supreme Court who shall furnish copies thereof to the secretary of the Commission and other parties interested. SEC. 37. The institution of a writ of certiorari or other special remedies in the Supreme Court shall in no case supercede, or stay any order, ruling, or decision of the Commission, unless the Supreme Court so direct, and the appellant may be required by the Supreme Court to give bond in such form and of such amount as may be deemed proper. SEC. 38. The chief of the legal division or any other attorney of the Commission shall represent the same in all judicial proceedings. It shall be the duty of the Solicitor General to represent the Commission in any judicial proceeding if, for special reasons, the Commissioner shall request his intervention. There is hereby created under the administrative supervision of the Secretary of Justice an office to be known as the Office of the People's Counsel in the Public Service Commission. The People's Counsel shall have two assistants and such number of employees as may be necessary to perform the functions hereinafter specified. The people's Counsel and his assistants shall be appointed by the President of the Philippines with the consent of the Commission on Appointments of the Congress of the Philippines. The Secretary of Justice shall appoint the employees of the Office of the People's Counsel upon recommendation of the People's Counsel. The People's Counsel and his assistants shall posses the qualification of a provincial fiscal. The People's Counsel shall receive compensation at the rate of seven thousand two hundred pesos per annum, and the first and second assistant People's Counsels, at the rate of six thousand per annum each. The People's Counsel, his Assistants, and the employees of the people's Counsel shall not, during their continuance in office, intervene directly or indirectly in the management and control of, or be financially interested directly or indirectly in, any public service defined in this Act. It shall be the duty of the People's Counsel (1) to institute proceedings before the Commission, in behalf of the public, for the
purpose of fixing just and reasonable rates or charges to be followed and observed by public services as herein defined, whenever he has reason to believe that the existing rates or charges of such public services are unjust and unreasonable or unjustly discriminatory; (2) to represent and appear for the public before the Commission or any court in the Philippines in every case involving the interest of the users of the products of, or service furnished by, any public service under the jurisdiction of the Commission; (3) to represent and appear for petitioners appearing before the Commission for the purpose of complaining in matter of rates and services; (4) to investigate the service given by, the rates charged by, and the valuation of the properties of, the public services under the jurisdiction of the Commission, and such other matters relating to said public services as affect the interests of users of the products or service thereof, and to take all the steps necessary for the protection of the interest of the person or persons or of the public affected thereby. In connection with such investigation he is hereby empowered to issue subpoena or subpoena duces tecum. The Peoples' Counsel is authorized to call upon and obtain such assistance as he may deem necessary in the performance of his duties from any officer or employee of any department, bureau, office, agency, or instrumentality of the government, including corporations owned, controlled or operated by the government. (As amended by R. A. 178.) SEC. 39. Any proceeding in any court of the Philippines is directly affecting an order of the Commission or to which the Commission is a party shall have preference over all civil proceedings pending in such court, except election cases.
CHAPTER VI. FEES SEC. 40. The Commission is authorized and ordered to charge and collect any public service the following fees: (a) The charge of twenty five pesos for the registration of: (1) Applications under the provisions of sections sixteen (a) (b) (c) and (d), and twenty (a), (b), (c), (f), (g), and (h): Provided, however, That no fees shall be collected for the reduction of rates if the same does not alter of modify in any way the basic rates of the schedule. (2) Applications for the approval of modification of maximum rates under section 14. (b) Fifteen pesos shall be collected from operators of land transportation foi the registration of: (1) Applications under section seventeen (f), and twenty (a) and (b). (2) Applications for the extension of time for the registration of motor vehicles previously authorized by the Commission. (c) Other applications filed by any public service operator not specifically provided for in the preceding paragraphs of this section other than motions ^^^^^i^^^s^^^,^^^^^, (d) For reimbursement of the expenses incurred by the Commission for the supervision and regulation of the operations of motor vehicles: (1) For each automobile or motor truck of less that one ton net transportation capacity, five pesos. (2) For each motor truck of one ton or more but less than two tons net transportation capacity, twenty pesos.
(3) For each motor truck of three tons or more but less than four tons net transportation capacity, thirty pesos. (4) Motor trucks or buses of four tons or more net capacity shall pay at the rate of ten pesos per ton net or fraction thereof. The fees provided in this section shall be paid on or before June thirtieth of each year with a penalty of fifty per centum in case of delinquency: Provided, however, That motor vehicles registered in the bureau of public works after June thirtieth shall be exempted from payment for said year. (e) For reimbursement of the expenses incurred by the Commission in the supervision of other public services; ten centavos for each one hundred pesos or a fraction thereof, of the capital stock subscribed or paid, or if no shares have been issued, of the capital invested. (f) For the increase of capital stock, ten centavos for each one hundred pesos or fraction thereof, of the increased capital. (g) For each permit authorizing the increase of equipment the installation of new units or authorizing the increase of capacity, or the extension of means or general extensions in the services, ten centavos for each one hundred pesos or fraction of the additional capital necessary to carry out the permit. (h) For the first inspection or certification of each apparatus or meter used by any public service, two pesos, and for subsequent examination, the expenses incurred in making the examination shall be paid. (i) For the certification of copies of official documents in the files of the Commission, fifty centavos for each page or polio so certified. All collection of fees provided in this section shall be covered into the Philippine Treasury. This article shall not be applicable to the Commonwealth of the Philippines, nor to its instrumentalities, nor to the enterprises that have legislative franchises for the exercise of which the law specifies the payment of a certain per centum of their earnings in lieu of any other taxes, fees or license fees (As amended by C. A. 454.)
CHAPTER VII. GENERAL AND TRANSITORY PROVISIONS SEC. 41. A substantial compliance with the requirements of this Act shall be sufficient to give effect to all the rules, orders, acts, and regulations of the Commission and they shall not be declared inoperative, illegal, or void for any omission of a technical nature in respect thereto. SEC. 42. Copies of all documents and orders filed or deposited in the office of the Commission, certified to by either of the Commissioners, or by the secretary to be true copy of the original, under the seal of the Commission shall be evidence in like manner as to the originals in all courts of the Philippines. SEC. 43. The Commission created under this Act shall succeed the Commission created under Act numbered thirty one hundred and eight in the ^ dispatch hearing and determination of all pending matters before the latter; and shall take charge of its archives, books, furniture, equipment and other properties of whatsoever nature. SEC. 44. In addition to the sum appropriated for the former Commission under Act numbered forty one hundred and thirty two, the general appropriation act for nineteen hundred and thirty six, the sum of six thousand seven hundred and sixty eight pesos and thirty four centavos is hereby appropriated out of any funds in the Philippine Treasury not otherwise appropriated; and in addition to the sum appropriated under Act numbered thirty eight, the general appropriation act for nineteen hundred and thirty seven, the sum of twenty three thousand six hundred and ten pesos or so much thereof as may be necessary, is hereby appropriated out of any funds in the Philippine Treasury not otherwise, appropriated for carrying out the purposes of this Act. SEC. 45. If, for any reason, any section, sub-section, sentence, or term of this Act is held to be unconstitutional, such decision shall not affect the validity of the other provisions of this Act. SEC. 46. Act numbered thirty two hundred and forty seven and Act numbered thirty five hundred and eighteen shall continue in force and effect; but all provisions of Act numbered thirty one hundred and eight and amendments thereof, and all other acts or parts of acts inconsistent with the provisions of this Act are hereby repealed. SEC. 47. This Act shall take effect upon its approval. Approved November 7, 1936.
APPENDIX "C" RA NO. 6539, AS AMENDED AN ACT PREVENTING AND PENALIZING CARNAPPING SECTION 1. - This Act shall be known and may be cited as the "AntiCarnapping Act of 1972’’ SEC. 2. Definition of terms. - The terms "Carnapping," "motor vehicle" "defacing or tampering with," "repainting" "body-building" "remodeling," "dismantling" and "over-hauling" as used in this Act, shall be understood, respectively, to mean"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons or by using force upon things. "Motor vehicle" is any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, streetssweepers, sprinklers, lawn movers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only on rails or tracts, and tractors, trailers and reaction engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating. "Defacing or tampering with" a serial number is the erasing, scratching, altering or changing of the original factory-inscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number on its motor engine, engine block or chassis which is different from that which is listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines, that motor vehicle shall be considered to have a defaced or tampered with serial number. "Repainting" is changing the color of a motor vehicle by means of painting. There is repainting whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission. "Body-building" is a job undertaken on a motor vehicle in order to replace its entire body with a new body. "Remodeling" is the introduction of some changes in the shape or form of the body of the motor vehicle. "Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle. "Overhauling" is the cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle.
SEC. 3. Registration of motor vehicle engine, engine block and chassis. Within one year after the approval of this Act, every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register with the Land Transportation Commission the motor vehicle engine, engine block and chassis in his name or in the name of the real owner who shall be readily available to answer any claim over the registered motor vehicle engine, engine block and chassis. Thereafter, all motor vehicle engines, engine blocks and chassis not registered with the Land Transportation Commission shall be considered as untaxed importation or coming from an illegal source or carnapped, and shall be confiscated in favor of the Government. All owners of motor vehicles in all cities and municipalities are required to register their cars with the local police without paying any charges. SEC. 4. Permanent registry of motor vehicle engines, engine blocks and chassis. - The Land Transportation Commission shall keep a permanent registry of motor vehicle engines, engine blocks and chassis of all motor vehicles, specifying therein their type, make and serial numbers and stating therein the names and addresses of their present and previous owners. Copies of the registry and of all entries made thereon shall be furnished by the Philippine Constabulary and all Land Transportation Commission regional, provincial and city branch offices: Provided, That all Land Transportation Commission regional, provincial and city branch offices are likewise obliged to furnish copies of all registrations of motor vehicles to the main office and to the Philippine Constabulary. SEC. 5. Registration of sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine block or chassis. - Every sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine block or chassis of a motor vehicle shall be registered with the Land Transportation Commission Motor vehicles assembled and rebuilt or repaired by replacement with motor vehicle engines, engine blocks and chassis not registered with the Land Transportation Commission shall not be issued certificates of registration and shall be considered as untaxed imported motor vehicles or motor vehicles carnapped or proceeding from illegal sources. SEC. 6. Original registration of motor vehicles. - Any person seeking the original registration of a motor vehicle, whether that motor vehicle is newly assembled or rebuilt or acquired from a registered owner, shall within one week after the completion of the assembly or rebuilding job or the acquisition thereof from the registered owner, apply to the Philippine Constabulary for clearance of the motor vehicle for registration with the Land Transportation Commission. The Philippine Constabulary shall, upon receipt of the application, verify if the motor vehicle or its numbered parts are in the list carnapped motor vehicles or stolen motor vehicle parts. If the motor vehicle or any of its numbered parts is not in that list the Philippine Constabulary shall forthwith issue a certificate of clearance. Upon presentation of the certificate of clearance from the Philippine Constabulary and after verification of the registration of the motor vehicle engine, engine block and chassis in the permanent registry of motor vehicle engines, engine block and chassis, the Land Transportation Commission shall register the motor vehicle in accordance with existing laws, rules and regulations.
SEC. 7. Duty of Collector of Customs to report arrival of imported motor vehicles, etc. - The Collector of Customs of a principal port of entry wherein imported motor vehicle, motor vehicle engine, engine block, chassis or body is unloaded, shall within seven days the arrival of the imported motor vehicle or any of its parts enumerated herein, make a report of the shipment to the Land Transportation Commission, specifying the make, type and serial numbers, if any, of the motor vehicle engine block and chassis or body, and stating the names and addresses of the owner or consignee thereof. If the motor vehicle engine, engine block, chassis or body does not bear any serial number the Collector of Customs concerned shall hold the motor vehicle engine, engine block, chassis or body until it is numbered by the Land Transportation Commission. SEC. 8. Duty of importers, distributors and sellers of motor vehicles to keep record of stocks. - Any person engaged in the importation, distribution, and buying and selling of motor vehicles, motor vehicle engines, engine blocks, chassis or body, shall keep a permanent record of his stocks, stating therein their type, make and serial numbers, and the names and addresses of the persons from whom they were acquired and the names and addresses of the persons to whom they were sold, and shall render an accurate monthly report of his transactions in motor vehicles to the Land Registration Commission. SEC. 9. Duty of manufacturers of engine blocks, chassis or body to cause numbering of engine blocks chassis or body manufactures. - Any person engaged in the manufacture of engine blocks, chassis or body shall cause the numbering of every engine block, chassis or body manufactured in a convenient and conspicuous part thereof which the Land Transportation Commission may direct for the purpose of uniformity and identification of the factory and shall submit to the Land Transportation Commission a monthly report of he manufacture and sale of engine blocks, chassis or body. SEC. 10. Clearance and permit required for assembly or rebuilding of motor vehicles. - Any person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from the Philippine Constabulary: Provided, that no such permit shall be issued unless the applicant shall present a statement under oath containing the type, make and serial numbers of the engine and chassis and body, if any, and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof. In the case of motor vehicle engines to be mounted on motor boats, motor bancas and other light water vessels, the applicant shall secure a permit from the Philippine Coast Guard, which office shall in turn furnish the Land Transportation Commission the pertinent data concerning the motor vehicle engines including; their type, make and serial numbers. SEC. 11. Clearance required/or shipment of motor vehicles, motor vehicle engines, engine blocks, chassis or body. - Any person who owns and operates interisland shipping or any water transportation with launches, boats, vessels o& ships shall within seven days submit a report to the Philippine Constabulary on all motor vehicles, motor vehicle engines, engine blocks, chassis or bodies transported by it
for the motor vehicle, motor vehicle engine, engine block, chassis or body t( be loaded on board launch, boat, vessel or ship. SEC. 12. Defacing or tampering with serial numbers of motor vehicle engines, engine blocks and chassis.- It shall be unlawful for any person to deface or otherwise with the original or registered serial number of motor vehicle engines, engine blocks and chassis. SEC. 12-A. All camapped or stolen motor vehicle, recovered and impound by law enforcement agencies which after a period of three (3) months from date of its seizure/recovery have remained unclaimed or whose real owners could no longer be determined or established because the original numbers could no longer determined and restored, are considered as abandoned motor vehicles and shall be sold and disposed of by the Chief of Constabulary or his authorized representative in a public auction: Provided, That, in all cases before any public auction is effected, there shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the Philippines or in the place where it was recovered of found, a description of the vehicles intended to be auctioned with a notice that after the lapse of one month from the date of the last publication, should no person file a claim for the recovery of the same, said motor vehicles will be sold at public auction: Provided, finally, That the date and place of the public auction to be conducted by the Chief of Constabulary or his authorized representative shall already be fixed in the last publication aforementioned. (As inserted by PD No. 1911, prom. March 23, 1983) SEC. 12-B. After the public auction, the proceeds shall be applied to answer for charges including storage and cost of publication and related expenses incurred in connection therewith: Provided, That, the remainder, if any shall be retained by the Philippine Constabulary/Integrated National Police to be used for the operational expenses of the Anti-Carnapping Task Force or any such unit as may hereinafter be created for similar purpose for which the Anti-Camapping Task Force was created, (As inserted by PD No. 1911.) SEC. 13. Penal Provisions. -Any person who violates any provision of this Act shall be punished with imprisonment for not less than two years nor more than six years and a fine equal in amount to the acquisition cost of the motor vehicle, motor vehicle engine or any part involved in the violation: Provided, That if the person violating any provisions of this Act is a juridical person, the penalty herein provided shall be imposed on its president or secretary and/or members of the board of directors or any of its officers and employees who may have directly participated in the violation. Any government official or employee who directly commits the unlawful acts defined in this Act or is guilty of gross negligence of duty or connives with or permits the commission of any of the said unlawful acts shall, in addition to the penalty prescribed in the preceding paragraph, be dismissed from the service with prejudice to his reinstatement and with disqualification from voting or being voted for in any election and from appointment to any public office. SEC. 14. Penalty for Carnapping.- Any person who is found guilty or camapping, as this term is defined in Section Two of this Act, shall, irrespective of
the value of motor vehicle taken, be punished by imprisonment for not less than fourteen years and eight months and not more than seventeen years and four months, when the camapping is committed without violence or intimidation of persons, or force upon things, and by imprisonment for not less than seventeen years and four months and not more than thirty years, when the camapping is committed by means of violence against or intimidation of any person, or force upon things; and the penalty of reclusion perpetua to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed or raped in the course of the commission of the carnapping or on the occasion thereof. (As amended by Sec. 20, RA No. 7659.) SEC. 15. Aliens.-Aliens convicted under the provisions of this Act shall be deported immediately after service of sentence without further proceedings by the Deportation Board. SEC. 16. Reward - Any person who voluntarily gives information leading to the recovery of carnapped vehicles and for the conviction of the persons charged with carnapping shall be given as reward so much reward money as the Philippine Constabulary may fix. The Philippine Constabulary is authorized to include in its annual budget the amount necessary to carry out the purposes of this section. Any information given by informers shall be treated as confidential matter. SEC. 17. Separability clause.- If any provision of this Act is declared invalid, the provisions thereof not affected by such declaration shall remain in force and effect. SEC. 18. Repealing clause.- All laws, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or amended accordingly. SEC. 19. Effectivity.- This act shall take effect upon its approval. Approved, August 26,1972.
APPENDIX "D" ANTI-FENCING LAW OF 1979. (PD No. 1612) WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and thievery of government and private properties; WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements because of the existence of ready buyers, commonly known as fence, of stolen properties; WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and punished lightly; WHEREAS, it is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery and theft. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the law of the eland, the following: SECTION 1. Title.-This decree shall be known as the Anti-Fencing Law of 1979. SEC. 2. Definition of Terms. -The following terms shall mean as follows: a. "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. b. "Fence" includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing. SEC. 3. Penalties.-Any person guilty of fencing shall be punished as hereunder indicated: a) The penalty of prison mayor, if the value of the property involved is more than 12,000 pesos but not exceeding 22,000 pesos; if the value of such property exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one (1) year for each additional 10,000 pesos, but the total penalty which may be imposed shall not exceed twenty (20) years. In such cases, the penalty shall be termed reclusion temporal and the accessory penalty pertaining thereto provided in the Revised Penal Code shall also be imposed. b) The penalty of prison correctional in its medium and maximum periods, if the value of the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos. c) The penalty of prison correctional in its minimum and medium periods, if the value of the property involved is more than 200 pesos but not exceeding 6,000 pesos. d) The penalty of arresto mayor in its medium period to prison correctional in its minimum period, if the value of property involved is over 50 pesos but not exceeding 200 pesos.
e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding 5 pesos. f) The penalty of arresto mayor in its minimum period, if such value does not exceed 5 pesos. SEC. 4. Liability of Officials of Juridical Persons.-If the fence is a partnership, firm, corporation or association, the president or the manager or any officer thereof who knows or should have known the commission of the offenses shall be liable. SEC. 5. Presumption of Fencing.-Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. SEC. 6. Clearance/Permit to Sell/Used Second-hand Articles.-For purposes of this Act, all stores, establishments or entities dealing in the buy and sell of any | good, article, item, object or anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public, secure the ; necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. The Chief of Constabulary/Director General, Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this section. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulation promulgated thereunder shall upon conviction be punished as a fence. SEC. 7. Repealing Clause. -All laws or parts thereof, which are inconsistent with the provisions of this Decree are hereby repealed or modified accordingly. SEC. 8. Effectivity.-This Decree shall take effect upon approval. Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen hundred and seventy -nine.
RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF PRESIDENTIAL DECREE NO. 1612, KNOWN AS THE ANTI-FENCING LAW OF 1979. Pursuant to Section 6 of Presidential Decree No. 1612, known as the AntiFencing Law of 1979, the following rules and regulations are hereby promulgated to govern the issuance of clearances/permits to sell used secondhand articles obtained from an unlicensed dealer or supplier thereof: I. DEFINITION OF TERMS 1. "Used secondhand article" shall refer to any goods, article, item, object or anything of value obtained from an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used. 2. "Unlicensed dealer/supplier" shall refer to any person, partnership, firm, corporation, association or any other entity or establishment not licensed by the government to engage in the business of dealing in or of supplying the articles defined in the preceding paragraph. 3. "Store," "establishment" or "entity" shall be construed to include any individual dealing in the buying and selling used secondhand articles, as defined in paragraph hereof. 4. "Buy and Sell" shall refer to the transaction whereby one purchases used secondhand articles for the purpose of resale to third persons. 5. "Station Commander" shall refer to the Station Commander of the Integrated National Police within the territorial limits of the town or city district where the store, establishment or entity dealing in the buying and selling of used secondhand articles is located. II. DUTY TO PROCURE CLEARANCE OR PERMIT 1. No person shall sell or offer to sell to the public any used secondhand article as defined herein without first securing a clearance or permit for the purpose from the proper Station Commander of the Integrated National Police. 2. If the person seeking the clearance or permit is a partnership, firm, corporation, or association or group of individuals, the clearance or permit shall be obtained by or in the name of the president, manager or other responsible officer-incharge thereof. 3. If a store, firm, corporation, partnership, association or other establishment or entity has a branch or subsidiary and the used secondhand article is acquired by such branch or subsidiary for sale to the public, the said branch or subsidiary shall secure the required clearance or permit. 4. Any goods, article, item, or object or anything of value acquired from any source for which no receipt or equivalent document evidencing the legality of its acquisition could be presented by the present possessor or holder thereof, or the covering receipt, or equivalent document, of which is fake, falsified or irregularly obtained, shall be presumed as having been acquired from unlicensed dealer or supplier and the possessor or holder thereof must secure the required clearance or permit before the same can be sold or offered for sale to the public.
III. PROCEDURE FOR PROCUREMENT OF CLEARANCES OR PERMITS 1. The Station Commanders concerned shall require the owner of a store at the president, manager or responsible officer-in-charge of a firm, establishment or other entity located within their respective jurisdictions and in possession of or having in stock used secondhand article as defined herein, to submit an initial affidavit within thirty (30) days from receipt of notice for the purpose thereof and subsequent affidavits once every fifteen (15) days within five (5) days after the period covered, which shall contain: a. A complete inventory of such articles acquired daily from whatever source and the names and addresses of the persons from whom such articles were acquired. b. A full list of articles to be sold or offered for sale as well as the place where and the date when the sale or offer for sale shall commence. c. The place where the articles are presently deposited or kept in stock. The Station Commander may, at his discretion when the circumstances each case warrant, require that the affidavit submitted be accompanied by other documents showing proof of legitimacy of the acquisition of the articles. I 2. A party required to secure a clearance or permit under these rules and regulations shall file an application therefor with the Station Commander concerned, The application shall state: a. The name, address and other pertinent circumstances of the persons, increase of an individual or, in the case of a firm, corporation, association,' partnership or other entity, the name, address and other pertinent circumstances of the president, manager or officer-in-charge. b. The article to be sold or offered for sale to the public and the name and address of the unlicensed dealer or supplier from who such article was acquired. In support of the application, there shall be attached to it the corresponding receipt or other equivalent document to show proof of the legitimacy of acquisition of the article. 3. The Station Commander shall examine the documents attached to the application and may require the presentation of other additional documents, if necessary, to show satisfactory proof of the legitimacy of acquisition of the article, subject to the following conditions: a. If the legitimacy of acquisition of any article from an unlicensed source cannot be satisfactorily established by the documents present, the Station Commander shall, upon approval of the INP Superintendent in the district and at the expense of the party seeking the clearance/permit cause the publication of a notice in a newspaper of general circulation for two (2) successive days enumerating therein the articles acquired from an unlicensed dealer or supplier, the names and addresses of the persons from whom they were acquired and shall state that such articles are to be sold or offered for sale to the public at the address of the store, establishment or other entity seeking the clearance/permit. In places where no newspapers are in general circulation, the party seeking the clearance or permit shall, instead, post a notice daily for one week on the bulletin board of the municipal
building of the town where the store, firm, establishment or entity concerned is located or, in the case of an individual, where the articles in his possession are to be sold or offered for sale. b. If after 15 days, upon expiration of the period of publication or of the notice referred to in the preceding paragraph, no claim is made with respect to any of the articles enumerated in the notice, the Station Commander shall issue the clearance or permit sought. c. If, before expiration of the same period for publication of the notice or its posting, it shall appear that any of the articles in question is stolen property, the Station Commander shall hold the article in restraint as evidence in any appropriate case to be filed. Articles held in restraint shall be kept and disposed of as the circumstances of each case permit, taking into account all considerations of right and justice in the case. In any case where any article is held in restraint, it shall be the duty of the Station Commander concerned to advise/notify the Commission on Audit of the case and comply with such procedure as may be proper under applicable existing laws, rules and regulations. 4. The Station Commander concerned shall, within seventy-two (72) hours from receipt of the application, act thereon by either issuing the clearance/permit requested or denying the same. Denial of an application shall be in writing and shall state in brief the reason/s therefor. 5. The application, clearance/permit or the denial thereof, including such other documents as may be pertinent in the implementation of Section 6 of PD No. 1612 shall be in the forms prescribed in Annexes "A," "B," "C," "D" and "E" hereof, which are made integral parts of these rules and regulations. 6. For the issuance of clearances/permits required under Section 6 of PD No. 1612, no fee shall be charged. IV. APPEALS Any party aggrieved by the Action taken by the Station Commander may elevate the decision taken in the case to the proper INP District Superintended and, if he is still dissatisfied therewith may take the same on appeal to the INF Director. The decision of the INP Director may also be appealed to the INP Director-General whose decision may likewise be appealed to the Minister of National Defense. The decision of the Minister of National Defense on the case shall be final. The appeal against the decision taken by a Commander lower than the INP Director-General should be filed to the next higher Commander within ten (10) days from receipt of notice of the decision. The decision of the INP Director-General should be appealed within fifteen (15) days from receipt of notice of the decision. V. PENALTIES 1. Any person who fails to secure the clearance or permit required by Section 6 of PD No. 1612 or who violates any of the provisions of these rules and regulations shall upon conviction be punished as a fence.
2. The INP Director-General shall recommend to the proper authority the cancellation of the business license of the erring individual, store, establishment or the entity concerned, 3. Articles obtained from unlicensed sources for sale or offered for sale without prior compliance with the provisions of Section 6 of PD No. 1612 and with these rules and regulations shall be held in restraint until satisfactory evidence of legitimacy of acquisition has been established. 4. Articles for which no satisfactory evidence of legitimacy of acquisition is established and which are found to be stolen property shall likewise be held under restraint and shall, furthermore, be subject to confiscation as evidence in the appropriate case to be filed. If, upon termination of the case, the same is not claimed by their legitimate owners, the article/s shall be forfeited in favor of the government and made subject to disposition as the circumstances warrant in accordance with applicable existing laws, rules and regulations. The Commission on Audit shall, in all cases, be notified. 5. Any personnel of the Integrated National Police found violating the provisions of Section 6 of PD No. 1612 or any of its implementing rules and regulations or who, in any manner whatsoever, connives with or through his negligence or inaction makes possible the commission of such violations by any party required to comply with the law and its implementing rules and regulations, shall be prosecuted criminally without prejudice to the imposition of administrative penalties. VI. VISITORIAL POWER It shall be the duty of the owner of the store or of the president, manager or responsible officer-in-charge of any firm, establishment or other entity or of an individual having in his premises articles to be sold or offered for sale to the public to allow the Station Commander or his authorized representative to exercise visitorial powers. For this purpose, however, the power to conduct visitations shall be exercised only during office or business hours and upon authority in writing from and by the INP Superintendent in the district and for the sole purpose of determining whether articles are kept in possession or stock contrary to the intents of Section 6 of PD N. 1612 of these rules and regulations. CLEARANCES OR PERMITS 1. At the end of each month, it shall be the duty of the Station Commander concerned to: a. Make and maintain a file in his office of all clearances/permits issued by him. b. Submit a full report to the INP District Superintendent on the number of applications for clearances or permits processed by his office, indicating therein the number of clearances/permits issued and the number of applications denied. The report shall state the reasons for denial of an application and the corresponding follow-up actions taken and shall be accompanied by an inventory of the articles to be sold or offered for sale in his jurisdiction. 2. The INP District Superintendent shall, on the basis of the reports submitted by the Station Commander, in turn submit quarterly reports to the appropriate INP Director containing a consolidation of the information stated in the reports of Station Commanders in his jurisdiction.
3. Reports from INP District Superintendent shall serve as basis for a consolidated report to be submitted semi-annually by INP Directors to the Director-General, Integrated National Police. 4. In all cases, reports emanating from the different levels of the Integrated National Police shall be accompanied with full and accurate inventories of the articles acquired from unlicensed dealers or suppliers and proposed to be sold or offered for sale in the jurisdictions covered by the report. These implementing rules and regulations, having been published in a newspaper of national circulation, shall take effect on June 15, 1979.
Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE COMMISSION NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE Camp Crame, Quezon City MEMORANDUM
FOR
FROM
: ACTING CHIEF, PNP THRU: DCO__________ TCDS_________ : Director for Operations
SUBJECT : AMENDMENTS REGULATIONS OF PD 1612 DATE
TO
THE
IMPLEMENTING
RULES
AND
: December 18, 1998
1. References: a. Memo from TMG dated November 3, 1998 (Exh "A"). b. Anti-Fencing Law of PD 1612 (Exh "B"). c. Rules and Regulations to Carry Out the Provisions of Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing Law of 1979 (Exh "C"). d. Memo from Dir, Legal Service dated 16 December 1998 (Exh "D"). 2. This pertains to the request of the Director, Traffic Management Group to amend Implementing Rules and Regulations ofPD 1612, particularly paragraph VI - Visitorial Powers. 3. One of the missions and functions of this Group pertains to the implementation of PD 1612 with respect to stolen motor vehicles, their accessions and/or accessories. The then Chief of Constabulary/Director General Integrated National Police, General Fidel V Ramos has approved the amendments, similar to this recommendation. However, such record could no longer be retrieve nor any of its copy is available for reference. 4. In order to fully achieve the Group's assigned tasks, it is recommended that the Traffic Management Group through its Director and Regional Chiefs be included among those authorize under para b of the Reference 1-c to implement the Visitorial Power. 5. Section 6 of PD 1612 provides that, "xxx... The Chief of Constabulary/ Director General, Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this section. Xxx". The amendments being proposed is within the authority of the Chief, PNP being head of the PNP which inherit the mission and functions of the defunct Philippine Constabulary and Integrated National Police, and the Director, TMG as the direct and authorized personality who could be delegated the authority to implement. 6. Pursuant to the Rules and Regulations to carry out the provisions of section 6 of PD 1612, known as the Anti-Fencing Law of 1979, specifically paragraph VI Visitorial Power, states that:
"It shall be the duty of the owner of the store of the president, manager, or responsible officer-in-charge of any firm, establishment or other entity or of an individual having in his premises articles to be sold or offered for sale to the public to allow the Station Commander or his authorize representative to exercise visitorial powers. For this purpose, however the power to conduct visitations shall be exercised only during office or business hours and upon authority in writing from and by the INP Superintendent in the district and for the sole purpose of determining whether the articles in possession or stock contrary to the intents of PD No. 1612 of these rules and regulations". It is hereby proposed for re-adoption, similarly with the previously approved amendment cited in para - 2, with amendment to read as follows: "It shall be the duty of the owner of the store of the president, manager, or responsible officer-in-charge of any firm, establishment or other entity or of an individual having in his premises articles to be sold or offered for sale to the public to allow the Chief of Police in town or city where such store, establishment or entity is located, the Traffic Management Group (TMG) Provincial Officer, or their authorize representative to exercise visitorial powers. For this purpose, however the power to conduct visitations shall be exercised only during office or business hours and upon authority in writing from and by the PNP Provincial Director, the City or Municipality Chief of Police, the Director, Traffic Management Group or his Regional Officer in the Region for the sole purpose of determining whether the articles are kept in possession or stock contrary to the intents of PD No. 1612 of these rules and regulations. The authority of the Traffic Management Group to conduct visitorial power in confined only on the sale of second hand motor vehicles, vehicle's accession, accessories and spare parts." 7. D, LS and I concur. RECOMMENDATION: 8. Approval of para 7. MIGUEL G CORONEL Police Chief Superintendent
APPENDIX "E" PRESIDENTIAL DECREE NO. 96 DECLARING UNLAWFUL THE USE OR ATTACHMENT OF SIRENS, BELLS, HORNS, WHISTLES OR SIMILAR GADGETS THAT EMIT EXCEPTIONALLY LOUD OR STARTLING SOUNDS, INCLUDING DOMELIGHTS AND OTHER SIMILAR SIGNALING OR FLASHING DEVICES ON MOTOR VEHICLES AND PROVIDING CERTAIN EXCEPTIONS THEREFOR. WHEREAS, Presidential Proclamation No. 1081 envisioned, among other goals, the bringing about of a social order characterized by a high state of discipline and order among the citizenry; WHEREAS, much of the chaotic conditions from which our people have suffered and still continue to suffer are the direct result of indiscriminate and unregulated use of sirens, bells, horns, whistles and similar gadgets that emit exceptionally loud or startling sounds, including domelights and other similar signaling or flashing devices attached to motor vehicles and used on the highways; WHEREAS, it has been observed that such unregulated use of sirens bells, horns, whistles or similar gadgets that emit exceptionally loud or startling sounds, including domelights and similar signaling or flashing devices actually impede and confuse traffic are inconsistent with sound traffic discipline and control on the highways, and in effect constitute a major problem in the maintenance of peace and order: NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, pursuant to Proclamation No. 1081, dated September 21, 1972, and in my capacity as Commander-in-Chief of all the Armed Forces of the Philippines, do hereby order and decree: 1. That is shall be unlawful for the owner or possessor of any motor vehicle to use or attach to his vehicle any siren, bell, horn, whistle or other similar gadget that produce exceptionally loud or startling sound, including domelights, blinkers and other similar signaling or flashing devices. 2. The gadgets or devices mentioned above may be attached to an used only on motor vehicles designated for official use by the Armed Forces of the Philippines, National Bureau of Investigation, Land Transportation Commission, Police Departments, Fire Departments, and hospital ambulances. Any device or gadget installed or mounted on any motor vehicle or otherwise used In violation of this decree shall be subject to immediate confiscation and, in cases of a second and subsequent offenses, the offender shall be prosecuted for violation of this Decree before the military tribunal and, upon conviction thereof, shall suffer the penalty of imprisonment for six months and/or a fine of 600 pesos. In addition, the certificate of registration of the motor vehicle on which the unauthorized gadget or device herein mentioned is installed, mounted or used shall be canceled or revoked. The Commissioner of Land Transportation shall draw and promulgate such rules and regulations necessary to give effect to this Decree.
Done in the City of Manila, this 13th day of January, in the year of Our Lord, nineteen hundred and seventy-three. (SGD) FERDINAND E. MARCOS President Republic of the Philippines by the President: (SGD.) ALEJANDRO MELCHOR Executive Secretary
APPENDIX "F" BATAS PAMBANSA BLG. 43 AN ACT PROVIDING FOR THE ISSUANCE OF PERMANENT NUMBER PLATES TO OWNERS OF MOTOR VEHICLES AND TRAILERS, AMENDING FOR THE PURPOSE SECTION SEVENTEEN OF REPUBLIC ACT NUMBERED FORTY-ONE HUNDRED AND THIRTY SIX. Be it enacted by the Batasan Pambansa in session assembled: SECTION 1. Section seventeen of Republic Act numbered Forty-one hundred and thirty-six, otherwise known as the Land Transportation and Traffic Code, is hereby amended to read as follows: "SEC. 17. Number plates, preparation and issuance of. "The Bureau of Land Transportation shall cause reflective number plates to be prepared and issued to owners of motor vehicles and trailers registered and recorded in the Bureau of Land Transportation under this Act, as amended, for a reasonable fee: Provided, That the fee shall be subject to approval of the Minister of Transportation and Communications in consultation with the Minister of Finance and Provided, further, that the identification, numbers and letters of any motor vehicle number plate shall be permanently assigned to such motor vehicle during its lifetime. No motor vehicle shall be exempted from payment of registration fees. Motor vehicles for hire and privately owned motor vehicles shall bear plates of reflective materials so designed and painted with different colors to distinguish one class from another. "The transfer of motor vehicle plates whether temporary or regular, validating tags and/or stickers from one motor vehicle to another without permit from the Bureau of Land Transportation, except security number plates on authorized vehicles, shall be punishable with a fine not less than Five Thousand Pesos (P5,000.00) and/or imprisonment for six months at the discretion of the Court. "For purposes of renewal of registration of motor vehicles, the Director or his Deputies shall issue validating tags and stickers indicating the year of registry, charging a reasonable fee: Provided, That the fee shall be subject to the approval of the Ministry of Transportation and Communications in consultation with the Minister of Finance." "SEC. 2. This Act shall take effect upon its approval. Approved, November 14, 1979.
APPENDIX "G" LETTER OF INSTRUCTIONS NO. 229 DIRECTING THE INSTALLATION OF EARLY WARNING DEVICES ON MOTOR VEHICLE
TO : The Secretary Department of National Defense The Secretary Department of Public Works, Transportation And Communications The Secretary Department of Public Highways The Commissioner The Transportation Commission LETTERS OF INSTRUCTIONS NO. 229 WHEREAS, statistics show that one of the major causes of fatal or serious accidents in land transportation is the presence of disabled, stalled or parked motor vehicles along streets or highways without any appropriate early warning device to signal approaching motorists of their presence; WHEREAS, the hazards posed by such obstructions to traffic have been recognized by international bodies concerned with traffic safety, the 1968 Vienna Convention on Road signs and Signals and the United Nations Organization (U.N.); WHEREAS, the said Vienna Convention, which was ratified by the Philippine Government under P.D. No. 207, recommended the enactment of local legislation for the installation of road safety signs and devices; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, in the interest of safety on all streets and highways, including expressways or limited access roads, do hereby direct; 1. That all owners, users or drivers of motor vehicles shall have at all times in their motor vehicles at least one (1) pair of early warning device
APPENDIX "H" PRESIDENTIAL DECREE NO. 207 RATIFYING THE 1968 VIENNA CONVENTIONS OF THE UNITED NATIONS ON ROAD TRAFFIC AND ROAD SIGNS AND SIGNALS, RESPECTIVELY WHEREAS, a United Nations Conference on Road Traffic was held in Vienna, Austria, for the period from October 7 to November 8, 1968, under the auspices of the United Nations Economic and Social Council; WHEREAS, in this Conference the participating countries, including the Philippines, have agreed on a convention for road traffic and a separate Convention for Road Signs and Signals, both considered absolutely necessary to facilitate international road traffic and to increase road safety; WHEREAS, the contracting parties to these Conventions to which the Philippines is a signatory, have agreed to accept the system of traffic, road signs, signals and symbols and road markings described is said conventions and to adopt the same as soon as possible; WHEREAS, the period of five years have elapsed since these two conventions have been signed, but the past Congress of the Republic of the Philippines have failed to ratify the same; WHEREAS, there is now an urgent need for the ratification of these conventions in order adopt internationally prescribed uniform rules of road traffic and road signs and signals in the Philippines, especially so, because of the intensified government campaign for road safety; WHEREAS, the urgent need for adopting the uniform traffic rules, road signs and signals as prescribed in the conventions is made more necessary because of the considerable number of foreigners and tourists that are now operating motor vehicles on Philippine roads; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander in Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, and General Order No. 1 dated September 22, as amended, do hereby adopt and make as part of the law of the land the 1968 Vienna Convention on road Traffic and Road Signs and Signals, respectively. The Commissioner of Land Transportation shall draw, enact and promulgate the necessary regulatory measures to implement this Decree. Done in the City of Manila, this 6th day of June, in the year of Our Lord nineteen hundred and seventy-three. (SGD.) FERDINAND E. MARCOS President of the Philippines By the President: (SGD.) ALEJANDRO MELCHOR Executive Secretary
APPENDIX "I" STREAMLINING PNP MV CLEARANCE PROCEDURE I. REFERENCE: a) SOP Number 2 dated 26 March 1991. b) Circular Number 01 dated 01 July 1988. c) Amendment to Vehicle Clearance Procedure dated 20 Feb 1987. d) Amendment to Vehicle Clearance Procedure dated 09 Dec 1986. e) Memo from CO, MVCU dated 30 Jan 1995 with HWI of the Director, TMG II. PURPOSE OF THIS SOP: The purpose of this SOP is to provide a specific procedure in the issuance of PNP Motor Vehicle Clearance to avoid unnecessary inconvenience on the part of the public as well as to provide uniform guidelines to follow by all clearance officer nationwide. III. ORGANIZATION: The PNP Motor Vehicle Clearance Office shall be composed of the following sections: Processing/Records Section, Macro Etching Section and Cash Section. The Processing/Records Section shall be handled by elements of the PNP TMG; the Macro-etching Section by PNPCLG and the Cash Section by the representatives of the PNP Finance Service/Regional Finance Service. The Director, TMG shall exercise over-all control and supervision in the issuance of PNP Motor Vehicle Clearance nationwide. VI. TASKS: a) The PNP Motor Vehicle Clearance Offices organized under this SOP shall be responsible for the processing of application and the subsequent issuance of PNP Motor Vehicle Clearance for purposes of: Original Registration; Transfer of Ownership; Change Chassis; Change Engine; Change Body Design; Inter-island Shipment; Change of Color and Record Check. b) PNP TMG shall provide operational support to all PNP Motor Vehicle Clearance Offices. c) MVCO shall see to it that the list of wanted/stolen motor vehicles is updated nationwide and all of the Record Sections in all PNP Motor Vehicle Clearance Offices shall be promptly furnished with a copy thereof. d) The issuance of PNP Motor Vehicle Clearance maybe decentralized down to the Traffic Management Teams (TMT) if this office can put-up and maintain the offices such as: Processing/Records Section, Macro-etching Section and Cash Section. e) The PNP Finance Service/Regional Finance Service upon request of the clearance officer for order of payment, shall collect the prescribed processing fees and issue Official Receipt for every clearance issued, indicating therein the amount, date, purpose of clearance and the owner's name of the vehicle. f) The PNPCLG shall conduct macro-etching examination on all motor vehicles subject to a request for PNP MV clearance however, the following motor vehicles may not be required to undergo macro etching provided the following requirements shall be submitted: 1) All brand new motor vehicles applying for Original Registration, manufactured by Licensed Dealers/Companies provided that the following requirements shall be satisfied: la) Certification from the dealer/manufacturer that the Chassis/
engine numbers are brand new and not tampered. Ib) LTO Confirmation Certificate of Chassis/engine Ic) Sales Invoice Id) Stencil of chassis and engine numbers. 2) All Tractors, Bus, Trucks and trailers having a gross weight not less than 4500 kg. and provided the following requirements shall be satisfied: 2a) LTO Confirmation Certificate and Sales invoice of chassis/ engine if the vehicle is being applied for original registration. 2b) Certificate of Registration/Official Receipt. 2c) Deed of Sale if the purpose is for transfer of ownership 2d) Affidavit of change engine/chassis/color/body design if it is being applied for the said purpose. 2e) Stencil of chassis and engine numbers. 3) All change of colors provided the following requirements shall be satisfied: 3a) Certificate of Registration/Official Receipt. 3c) Affidavit of change color 3d) Stencil of chassis and engine numbers. 4) All government and diplomatic motor vehicles being applied for Original Registration provided that the following requirements should be satisfied: 4a) LTO Confirmation Certificate of Chassis/engine 4b) Sales invoice 4c) BOC Certificate of payment if imported 4d) BOC Official receipt 4e) Stencil of chassis and engine numbers 5) All 50cc motorcycles provided that the following requirements should be satisfied: 5a) LTO Confirmation Certificate Chassis/engine 5b) Sales Invoice 5c) BOC Certificate of payment if imported 5d) BOC Official Receipt 5e) Deed of Sale (transfer of ownership) 5f) Stencil of chassis and engine numbers 6) All motor vehicles being applied for a record check except those subjected for verification of motor and chassis number, investigation, re-stamping and court litigation, and provided that the following requirements shall be satisfied: 6a) Certificate of Registration/Official Receipt. 6b) Stencil of Chassis/Engine. g) All motor vehicles particularly mentioned in the preceding paragraph of this SOP may be required to undergo macro etching examination if the motor vehicle being applied for PNP Motor Vehicle Clearance, has questionable documents and/or its stencil submitted is not in order. h) All motor vehicles not specifically mentioned above shall be required to undergo macro-etching examination to be conducted by authorized personnel from PNPCLG. V. PROCEDURE: a) The procedure in the processing of application for PNP Motor Vehicle Clearance shall be as follows: 1) All PNP MV Clearance applicants shall file their application following the required format and with all documents required attached. Only photocopy of the documents shall be required after presenting the original papers to the processing personnel. 2) In Metro Manila, all Motor Vehicles exempted from macro-etching examination shall be applied at the Receiving Section of the Motor Vehicle Clearance Office, Camp Crame, Quezon City. While those motor vehicles subject for examination shall be referred to the PNP Motor Vehicle Clearance Offices at Northern, Southern, Eastern, and Western Stations or other established offices.
3) The Receiving Section, in all MVCO Stations (macro-etching stations) in MetroManila, after having received the MV clearance application, shall assign it to the processing officer, who in turn examines the completeness and regularity of the papers. Shall verify from the computer whether subject motor vehicle is among or not among the list of wanted/stolen vehicles on file. If the document is in order endorses the vehicle to PNPCLG for the macro-etching examination. If the finding is in order passes the papers to the cash section for the payment of clearance fee and the issuance of official receipt and thereafter return the papers to the receiving section. Receiving Section then issue the claim stub to the applicant indicating therein the time and date of the release of the clearance. 4) If the motor vehicle being applied for clearance, was found to be among the list of wanted/stolen vehicle or the outcome of the macro-etching on the chassis and engine numbers of the motor vehicle, such that it could not determine the original chassis/engine number as a result of tampering, cut and weld and/or corrosion, the person applying for clearance together with the motor vehicle shall be endorsed to the Special Operation Office, TMG for appropriate investigation and immediate filing of appropriate complaint/ information whenever warranted by evidences or records available. 5) All application for PNP Motor Vehicle Clearance received at MVCO Stations (macro-etching) in Metro Manila, shall be brought to MVCO for the computerized printing of clearance certificates. Head Records and Clearance Officer sign the PNP MV Clearance Certificate prior to release. 6) All approved PNP Clearance Certificates shall be released at the Releasing Section of the Motor Vehicle Clearance Office where it was applied. b) Expired PNP motor vehicle clearance may be applied for renewal within the period of one (1) month upon issuance thereof. Renewal made after the prescribed period shall be required to undergo the same procedure. c) All Regional Clearance Officer to include those PNP Personnel assigned at Port Area and authorized to issue shipment clearance, shall follow the same procedure in the issuance of PNP Motor Vehicle Clearance Certificate. d) All motor vehicles, which clearance applications are found to be in order, shall be promptly issued with PNP Motor Vehicle Clearance Certificates while those found with irregularities shall be subjected to investigation with concerned PNP TMG Offices. VI. COORDINATING INSTRUCTION: a) The Director, TMG shall oversee the implementation of this SOP. He shall see to it that the essential data are promptly exchanged and distributed to all PNP Motor Vehicle Clearance Offices for optimum effectiveness and efficiency. b) As a matter of policy, no macro etching of motor vehicle shall be conducted outside the determined area such as the MVCO Eastern Sector, except when so requested in writing by the concerned person/agency and as approved by the Director. c) All procedures and policies not in conformity with this SOP are hereby rescinded. (SGD) RODOLFO NACIONALES CAISIP Police Senior Superintendent (GSC) Director 28 October 1997
PNP MOTOR VEHICLE CLEARANCE REQUIREMENTS A. ORIGINAL REGISTRATION 1. Brand New a) Sales Invoice c) LTO Confirmation Certificate of the Sales Invoice 4. Imported e) BOC Certificate of Payment f) LTO Confirmation Certificate of the Certificate of Payment g) Informal Entry h) Bill of Lading 5. Assembled f) Sales Invoices of the engine and chassis g) LTO Confirmation Certificate of the engine and chassis h) Affidavit of Rebuilt (duly notarize and to be executed by the owner) i) If engine/chassis was acquired from a private person or company, deed of sale of the engine and chassis j) Certificate of Registration and LTO Official Receipt covering the acquired engine/chassis B. TRANSFER OF OWNERSHIP a. Deed of Sale b. LTO Certificate of Registration and Official Receipt c. If vehicle is mortgaged, submit Cancellation/Release/Assumption of Mortgage d. If vehicle was acquired from a company/corporation, submit Secretary's Certificate e. If the sale was made through a representative, submit Special Power of Attorney C. CHANGE OF ENGINE/CHASSIS a. Sales Invoice of the engine/chassis b. LTO Confirmation Certificate of the engine/chassis c. Affidavit of Change engine/chassis (duly notarize and to be executed b) the owner) d. If engine/chassis was acquired from a private person or company corporation, submit deed of sale of the engine/chassis e. LTO Certificate of Registration and Official Receipt covering the acquire engine/chassis D. CHANGE OF COLOR a. Affidavit of change of color (duly notarize and to be executed/signed by the owner) b. Certificate of Registration and LTO Official Receipt E. CHANGE OF BODY DESIGN a. Affidavit of change body design (duly notarize and to be executed/signed by the owner) b. Certificate of Registration and LTO Official Receipt F. FOR SHIPMENT LTO Certificate of Registration and Official Receipt G. RECORD CHECK LTO Certificate of Registration and Official Receipt Note: *All motor vehicles shall be subjected to macro etching by the PNPCLG except those that are not required in SOP#2. *A photocopy of Tax Account Number of the Owner shall be attached as one of the requirements in securing PNP MV Clearance.
APPENDIX "J" (STANDARD OPERATING PROCEDURE NO. 7 ) REPORTING AND DISPOSITION OF STOLEN AND RECOVERED/IMPOUNDED MOTOR VEHICLES GENERAL: This SOP prescribed the procedures in reporting stolen and wanted motor vehicles and in disposing of recovered/impounded vehicles by all PNP units. APPLICATION: This SOP applies to all stolen vehicles and those which are recovered and/or impounded by Units pursuant to the provisions of RA 6539, otherwise known as the "Anti-Camapping Act of 1972", as amended. OBJECTIVES: a. To serve as a guide for the PNP and other law enforcement agencies that are involved in anti-crime operations involving stolen motor vehicles; b. To establish the responsibility in reporting stolen/wanted and recovered motor vehicles; and c. To take the responsibility for the safekeeping/custody of impounded motor vehicles. PROCEDURES: Reporting of stolen and other wanted motor vehicles: a. The Director/Chief of Offices of the PNP Units that take cognizance of a loss of a motor vehicle or in case where the subject of the crime is a motor vehicle, shall cause the owner to make a sworn written complaint supported by documents of ownership such as Certificate of Registration, LTO Receipt of payment, deed of sale, invoice receipt and other related documents; b. A report shall then be rendered to the Chief, PNP (Attn: Director, TMG) using a uniform Alarm Sheet. All Alarm Sheets received by the PNP units shall be immediately forwarded to the Director, TMG. All Alarm Sheets received by the PNP Units outside Metro Manila shall be forwarded to the respective TMG District Offices covering the area; c. The TMG shall flash the alarm to all Districts an d other law enforcement agencies. The District Directors shall disseminate said alarms to all PNP Stations within his AOR; d. TMG shall likewise provide a copy of the alarm to the Directorate for Operations (Attn: ODO-LED) which in turn, will complement the effort of TMG in disseminating the alarm. e. Upon termination of the investigation of a recovered stolen motor vehicle, the Unit Head/Chief of Offices shall prepare and submit in four (4) copies to the Director, TMG, distributed as follows: Original Copy for the Computer Center; Duplicate Copy for TMG; Triplicate Copy for the reporting unit and Quadruplicate Copy for the Investigating Unit's file. f. The PNP Computer Center shall provide all PNP Units and other agencies concerned periodic/updated list of wanted/recovered motor vehicle; g. All PNP Units which undertake anti-carnapping missions are required to submit Daily Radiographic Anti-Carnapping Operations Report (DACOR) to this Hqs (Attn: Director, TMG) every 0800H daily. Thee report shall cover a 24-hour period. h. The DACOR shall have as a minimum requirement, the following data:
a) Number of motor vehicle reported stolen broken down as follows: (1) Stolen while Parked (2) Forcible Taken (3) Failed to Return b) Number of motor vehicles recovered. c) Nr motor vehicles turned-over to TMG d) Nr of suspects arrested e) Status of cases filed i. Additionally, a monthly report on the Anti-Carnapping operations of the above cited units shall be submitted to this Headquarters (Attn: Director, TMG) not later than the 7th day of the month following the period covered by the report; j. In all cases, the reporting of a stolen/wanted and recovered motor vehicles shall follow the flow of the Chain of Command. 1. DISPOSITION OF RECOVERED/IMPOUNDED MOTOR VEHICLES: a. All recoveries of camapped/abandoned motor vehicles made by PNP Units in Metro Manila shall be turned-over within forty-eight (48) hours to the Central Vehicle Impounding Area (CVIA) at Camp Crame. If the recovered vehicle is not in running condition, the recovering unit shall inform the TMG (PDLT Nrs. 7218516 & 7224103) who shall undertake the towing services of the subject motor vehicle to the TMG. The technical Inspection Report (TIR) shall be conducted at the recovery site in the presence of any local government official and/or any Barangay Official and/or any responsible citizen residing at the place of recovery, who will affix his signature on the TIR. Except however when there is highly reasonable ground for the nonavailability of a witness taking into consideration the time of the day and the area of recovery. b. Motor vehicles recovered by Municipal Police Stations outside Metro Manila shall be turned-over within forty-eight (48) hours to the nearest TMG District Headquarters for proper investigation/disposition. c. If the camapped motor vehicle is recovered by its owner without PNP assistance, the subject motor vehicle shall no longer be turned over to the CVIA. However, subject motor vehicle shall be physically presented at the nearest PNP Office/Station for proper identification and eventual lifting of the alarm Motor Vehicles that are recovered in Metro Manila shall be presented to TMG Hqs, Camp Crame, Quezon City, while those recovered outside Metro Manila, shall be presented to the nearest PNP District Headquarters which shall prepare the recommendation for the lifting of the alarm. d. Director, TMG upon receipt of the letter-request for the lifting of the alarm, shall receive said motor vehicle and assume responsibility for its security in the impounding area in accordance with the provision of this SOP. An individual case folder for each impounded vehicle shall be maintained. e. All releases of impounded motor vehicles shall only be made upon the approval of the Director, TMG. f. In case there is an order from the competent court or fiscal for the release of a motor vehicle, the same shall be released in accordance with the existing rules governing the release of impounded motor vehicle. Director, TMG shall then inform the investigating unit of the release of the motor vehicle. g. Before any vehicle is released, the Technical Inspection Report (TIR) previously prepared shall be reviewed by both the owner of his authorized representatives and the Director, TMG. In case of discrepancies, the Director, TMG shall immediately order the Chief and/or PNCO's of CVIA to explain the said discrepancy. It shall be
presumed that all motor vehicle, before the same is received for impounding, is true in all respect as described in the TIR. LIFTING OF ALARM OF WANTED-RECOVERED MOTOR VEHICLES: a. The basis for the lifting of alarm of any wanted-recovered motor vehicle shall be any of the following: (1) Recovery (2) Court Order (3) Termination of Investigation (4) Actual Possession of owner and (5) Other lawful grounds or as ordered by competent authority b. The lifting of any alarm of wanted-recovered motor vehicle shall only be upon the approval of the Director, TMG c. The information to lift an alarm for any motor vehicle shall be entered in the form "Lifting of Alarm," and the information shall be disseminated by Director, TMG to other PNP Units. A consolidated monthly listing of such vehicles shall be prepared by Director, TMG and copies furnished to other PNP Units. 3. HEADQUARTERS AND REGIONAL IMPOUNDING AREA Headquarters TMG shall maintain the present Central Vehicle Impounding Area (CVIA) in Camp Crame and all the Regional Vehicle Impounding Area (RVIA) until new areas are designated by proper authority. 4. PROHIBITIONS: a. No PNP personnel shall use a recovered stolen/impounded motor vehicle or cause the use thereof by any person prior to the lifting of the "alarm" issued thereon and the subsequent release of said motor vehicle to its lawful owner pursuant to this SOP. b. No PNP personnel shall replace/remove any part of or accessory of the impounded/recovered-stolen motor vehicle or cause the replacement/ removal of any part of accessory thereof by any person, unless there is written authority from the Chief/Head of the PNP unit where said vehicle is being impounded and which replacement/removal of said part/accessory shall be for preservation purposes. 5. PENALTY CLAUSE: Any violation of this SOP shall be dealt with criminally and/or administratively as evidence warrants. APPENDICES 6. MISCELLANEOUS: a. TMG shall exercise functional supervision in the implementation of this SOP. b. Said supervision shall be exercised in the field through the District Director/Team Leaders of TMG and in close coordination with the Regional, Provincial and other TMG Unit Directors. 7. REPEALING CLAUSE: All existing SOPs as well as circulars and other issuances inconsistent herewith are hereby repealed and modified accordingly. (SGD) ROBERTO L LASTIMOSO Chief, PNP
APPENDIX "K" CARNAPPING PREVENTION TIPS
A N T I
- Always lock all car doors when parked. - Never stay inside the car while parked. - Take your family members with you whenever possible. - Install safety and alarm devices whenever possible.
C A R N A P P I N G
- Clear the area of suspicious looking people before boarding or parking your car. - Always park in lighted areas at night. - Remove valuables inside your car before parking to preclude temptations. - Never entrust your key to anybody to preclude duplications of the same. - Avoid hitchhikers. - Park your car in secured areas as much as possible. - Provide necessary information to area security of suspicious looking people. - Install a hidden master switch whenever possible. - Never leave car windows open especially during traffic jam. - Garage gates must be secured and locked at all times
D - Direct your car to a crowded area if being followed. R - Remove vital spare parts like "rotor" before leaving your parked car. I - Investigate driver - applicants before hiring them. V - Verify prospective buyers before entrusting the "for sale" car for testing purposes. E - Entrust car keys to management when turning in the car for repair purposes. MODUS OPERANDI OF CARNAPPERS 1. Theft of a Parked Vehicle Doors of a vehicle are opened with the use of a master key, a picklock or similar gadgets in a casual way so as not to attract toe onlookers. The group drives away with the vehicle. 2. Interception in the Highways The group overtakes the target vehicle while travelling along he highways and cautions the driver to stop. The group may just block the path of the target vehicle using their own vehicle. All passengers are then forced to alight and the group takes over the vehicle. Usually the vehicle used by the group is also stolen and sports a stolen and fake license plate. 3. Use of Women as Hitchhikers The woman posing as a hitchhiker hails a private vehicle. As soon as the vehicle stops, the woman gets inside. Usually two accomplices quickly follow her. The driver is then directed to proceed to a secluded place where he is abandoned. 4. Posing as Prospective Buyers Camapper poses as a buyer and after gaining the confidence of the owner, he requests as road test of the vehicle purportedly to gauge its roadworthiness and speed off the vehicle and never returns. 5. Rent a Car Technique Carnapper rents cars occasionally for a period of time until he gains the confidence of the renting firm. 6. Hired Drivers in Cahoots with Carnappers Camappers gets himself hired as a driver of the owner of the target vehicle. 7. Tie-up between Car Owner and Syndicate.
Car owner insures his vehicle and after a lapse of time he contacts carnappers to steal his car. Then he reports the "loss" to police authorities and the insurance company. The insurance company, after verification of loss, pays the premium to the owner. Owner pays the camapper and ends up having his car back with a new identity". 8. Swindling of Credit/Financing Institution (Estafa) A car buyer through financing (who may not be a member of a syndicate) finds out that after sometimes he can no longer afford to pay the monthly amortization. He contacts a syndicate to "steal" his car for a minimal fee. After the "loss" the insurance is paid to the financing firm, which frees the car owner from his financial obligations. He will fake papers supplied by the syndicate to document his card. 9. Use of Bouncing Checks The buyer pays a small amount of cash as down payments and arranges the remaining balance to be paid in check. The check bounces when encashed by the owner, and the buyer with the vehicle can no longer be located. 10. Technical Carnapping A syndicate member applies for car financing using fictitious name, employment and business occupations. Once he gets the new car, he sells it using fake documents with mortgaged stamped on the original documents cancelled. 11. Registration of Non-Existing Motor Vehicle (Two Registration and One Motor Vehicle). A suspect having two records, the new motor vehicle bought by a provincial franchised dealer from the manufacturer processes a separate set of documents covering the same motor vehicle sold to provincial outlet. The original documents go with the motor vehicle to the provincial outlet. The original documents go with the motor vehicle to the provincial franchised dealer while the other set of documents covering the same motor vehicle is processed through a Manila-based franchise dealer. 12. Re-stamping of the same numbers to similar vehicle (Two MVS one Registration) A carnapped MV is restamped with a new set of numbers, the same as that of legitimately registered MV in a different locality. The re-stamped MV is provided with machine copied registration papers to legitimize. 13. Borrowed a Car Technique A fried of the car owner borrows the latter's car together with the registration papers look for a buyer. All the while, the friend forged a deed of sale from the owner to himself. 14. Sell in One Piece of Low Price Camapper may or may not tamper the engine and chassis number but usually repair the motor vehicle. Then a set of registration paper of the motor vehicle is forged and sold at a very low price. It is even lower if the vehicle is sold in the condition it was stolen leaving the documentation and the alteration of the physical appearance of the motor vehicle in the hands of the buyer. Documentation is usually done with the connivance of some government personnel having access to the registration and clearance of motor vehicles, 15. Disassembled and Sell by Parts Camappers themselves disassembled the car in secluded areas usually covered warehouses or shops and sell the parts to used car parts dealers. The dealers may or may not be in cahoots with carnapper but they are aware of the latter's activity. 16. Cannibalized after Illegal Use Camappers take the motor vehicle into a secluded place where they dismantle certain parts without being notice. After the choice parts
have been taken usually the tires, stereo, fenders bumpers, lamps and doors the motor vehicle is abandoned. 17. Abandoned after Illegal Use Vehicle abandoned like this camappers are usually used in furtherance of other crimes such as robbery, hod-ups, kidnapping, etc. The camapped vehicle is usually used as a get away vehicle to be abandoned after the consumption of the other crime. 18. Abandoned after Payments of Ransom The camappers contact the owner and informs him that his car could re released/abandoned in a specified place only after payment of ransom, which is usually much, lower than the cost of the car. Threat intimidation may be used to convince the owner to pay the ransom. 19. Used as Collateral Members of the group will frequently the casinos acting just like any other ordinary gambler than sports moneyed people who look gullible. He tries to establish rapport with the subject. After the contact is made, the syndicate member makes it appear that he loss some amount in the game. He sees to it that the target person knows his losses. Then, he approaches the would be victim and offers to sell/pawn his car for whatever amount the subject can rise for the moment. He will appear to be doing that in order to continue playing in the hope of recouping his losses. Often, the offer is just too tempting that the target person agrees with the deal. The car keys are then given t the victims together with the fake registration papers. The victims, after sometime, finds out that the papers are fake and that the car is a camapped vehicle.
APPENDIX "L" LTO MOTOR VEHICLE FILE CODES National Capital Region LTO District Office Old Codes New Codes Caloocan 4B 1304 Camp Aguinaldo 4PA 1308 Diliman 4PE 1312 La Loma 4K 1320 Las Pinas 4QLP 1324 Makati 4M 1328 Malabon 4BA 1332 Mandaluyong 4V 1336 Manila East 4E 1340 Manila North 4F 1344 Manila South 4G
1348 Manila West 4H 1352 Marikina 4N 1356 Novaliches 4T 1364 Pasay City 4Q 1368 Pasig 4L 1372 Paranaque 1366 Pilot 4P 1376 Quezon City 4J 1380 San Juan 4SJ 1384 Valenzuela 1396 Region 1 LTO Regional Office Old Codes New Codes ZIP Codes Agoo, la Union 3C
0104 2504 Alaminos, Pangasinan 2Ma 0108 2404 Batac, Ilocos Norte 3F 0112 2906 Candon, Ilocos Sur 3E 0116 2710 Dagupan City 2F 0120 2400 Laoag City 3D 0124 2900 | APPENDICES Lingayen Pangasinan 2M 0128 2401 San Carlos City 2R 0132 2420 San Fernando La Union 3C 0136 2500 Urdaneta Pangasinan 2N 0140 2428
Vigan Ilocos Sur 3B 0144 2700 Region 2 Aparri 1CA 0204 3515 Basco Batanes 0212 3900 Bayombong Nueva Viscaya 2F 0216 3700 Cabarrugis Quirino 1M 0220 3400 Ilagan Isabela IE 0228 3300 Roxas Isabela 2CR 0232 3320 Sanchez Mira Cagayan 2A 0236 3518 San Isidro Isabela 2H 0240 3310 Tuguegarao 0212 0244 3500
Region 3 Angeles City 2A 0304 2009 Balanga Bataan 2D 0308 2100 Baler Quezon B 0312
Baliuag Bulacan 4R 0316 3006 Baloc Sto Domingo NE IF 0320 3133 Cabanatuan City 1B 0332 3100 dark Air Base 2B 0336
Gapan Nueva Ecija 1G 0340 3105 Guagua Pampanga 0344 2003 Iba Zambales 2Q 0348
2201 Malolos Bulacan 4A 0352 3000 Meycauayan Bulacan 4AM 0356 3020 Olongapo City 2J 0364 2200 Palayan City NE 0368 3132 Panique Tarlac 2PA 0376 2307 San Fernando Pampanga 2L 03802 2000 San Jose City NE 2JC 0384 3121 Tarlac Tarlac 2P 0388 2300 US Naval Base 2K 0396
APPENDICES Region 4
Batangas City 5A 0404 4200 Bacoor Cavite 4CB 0412 4102 Boac Marinduque 5E 0416 4900 Cabuyao Laguna 5BB 0420 4025 Calapan Oriental Mindoro 5G 0424 5200 Cavite City 4C 0428 4100 Gumaca Quezon 5J 0436 4307 Lemery Batangas 5AA 0444 4209 Lipa City Batangas 5C 0448 4217 Lucena City Quezon 5D 0452 4301
Odiongan Romblon 8E 0456 5505 Puerto Princesa Palawan 5H 0460 5300 San Jose Occ Mindoro 5F 0468 5100 San Pablo City Laguna 5K 0472 4000 Sta Cruz Laguna 5B 0476 4009 Tagaytay City 4CTAG 0480 4120 Taytay Rizal 5L 0484 1920 Region 5 / Daet Camarines Norte 6C 0504 4600 Goa Camarines Sur 0508 4422
^/ / ^W / i Iriga City 6J 0516 4431 Irosin Sorsogon 0520 4707 Legaspi City 6E 0524 4500 Masbate Masbate 6F 0528 5400 s Mufn dty if 6G J 0532 } 4400 ' Sorsogon Sorsogon 6H f 0536 [ 4700 f Tabaco Albay 6B 0540 4511 Virac Catanduanes 6D 0544 4800 APPENDICES Region 6 Bacolod City 0603 0604
6106 Binalbagan Negros Occ 0608 6107 Cadiz City 0607 0612 6121 Calinog Iloilo 0611 0616 5040 Iloilo City 0604 0620 5000 Kalibo Akian 0601 0628 5600 Roxas City 0606 0636 5800 San Carlos City 0608 0640 6127 San Jose Antique 0602 0644 5700 Region 7 Bais City 7P 0704 6206 Carcar City 7R
0712 6019 Cebu City 7C 0716 6000 Danao City 7D 0724 6004 Dumaguete City 7H 0728 6200 Mandaue City 7MC 0732 6014 Siquijor Siquijor 7S 0744 6225 Tagbilaran Bohol 7G 0748 6300 Toledo City 7Q 0752 6028 Region 8 Borongan Samar 8H 0804 6800 Calbayog City 8F 0808 6710 Carigara Leyte
8D 0812 6529 Catarman Northern Samar 8G 0816 6400 Catbalogan Leyte 8C 0820 6700 Maasin Leyte 8E 0824 6000 Naval Biliran Leyte 8J 0828 6543 Ormoc City 8B 0832 6541 Palompon Leyte 81 0836 6538 San Juan Leyte 8K 0840 6611 Tacloban City 8A 0844 6500 APPENDICES Region 9 Basilan 9A 0904
191
Dipolog City 9J 0908 7100 Ipil Zamboanga Del Sur 9L 0912 7001 Jolo Sulu 9G 0916 7400 Pagadian City 9K 0920 7016 Zamboanga City 9H 0928 7000 RegionIO Butuan City 10B 1004 8600 Cagayan De Oro City 9B 1008 9000 Don Carlos Ext. (Bukidnon) D0336 1012 8712 Gingoog City Misamis Or 9E 1016 9014 Malaybalay Bukidnon 10A
1020 8700 Mambajo Camiguin 9M 1024 9100 Region CORDILLERA (CAR) Baguio City 2C 1404 2600 Bangued Abra 3A 1408 2800 Bontoc Mt Province 2H 141 2616 Lagawa Ifugao 2S 1416 3600 La Trinidad Benguet 2E 1420 2601 Tabuk Kalinga Apayao 2G 1424 3800
APPENDIX "M" FINES AND PENALTIES FOR VIOLATION OF LAND TRANSPORTATION CODE TRANSPORTATION LAWS PER DEPARTMENT ORDER NO. 93-693 DATED NOVEMBER 13, 1993 AND IMPLEMENTED ON JUNE 01, 1994 A. VIOLATION IN CONNECTION WITH LICENSING VIOLATION SUBJECT CURRENT PROPOSED
FINES AND PENALTIES
Driving without license Driving with delinquent, invalid, suspended. Ineffectual, revoked or improper license Failure to show or surrender driver's license for cause upon due demand by person with authority to confiscate Failure carry driver's license when Operating motor vehicle Failure to sign driver's license 4. Driving while under the influence of liquor or prohibited drug -For the 2nd offense, 1 year suspension in addition to the fine -Subsequent violation shall cause the revocation of driver's license 5. Allowing an unlicensed/improperly license person to drive MV. 6. Possession and use of fake driver's license. If the driver has been issued an authentic license, the same shall be confiscated and suspended for P750.00 PI 500.00 Driver 300.00 150.00 150.00 150.00 2000.00 500.00 Driver 200.00 Driver 200.00 Driver 200.00 Driver 3000.00 Driver 750.00 1500.00 1200.00 Owner/ Operator 2500.00 Driver
APPENDICES 6 months in addition to the fine. If the driver has not been issued an authentic license, he shall not be qualified to secure driver's license for a period of six (6) months in addition to the fine 7. Allowing another person to use his driver's license - confiscation and suspension for one (1) month. 8. Use and involvement of MV by the driver in the commission of a crime In case of court conviction, automatic Revocation of driver's license 9. Student Driver operating MV without being accompanied by licensed driver 500.00 1000.00 Driver 1500.00 2500.00 Driver
200.00 300.00 Student Driver 10. Unlicensed conductor of MV for hire 300.00
500.00 Conductor B.
B.VIOLATIONS IN CONNECTION WITH REGISTRATION 700.00 Driver/ Owner 1400.00 750.00 Owner 250.00 Owner 11. Operating a MV which is 450.00 unregistered/Improperly registered delinquent or with Invalid registration If Driver is also the Owner, MV shall 900.00 be impounded until properly registered 12 Operating mV with unregistered 500.00 substitute or replacement engine, engine block or chassis, change color, change body or configuration. In addition to MV shall be properly Impounded until such parts are properly Registered. 13. Failure to carry in the MV the 150.00 Certificate of Registration (CR) and Official Receipt (OR) (original or photocopies) APPENDICES 450.00 700.00 1500.00 2500.00 Tourist Operating/Allowing the operation of a MV with a suspended/revoked CR. MV shall be impounded or its plates held during period of suspension/ revoked. Tourist Operating a non- Philippine registered MV beyond 90-day period of his sojourn. Such MV shall not be allowed to Operate until properly registered.
C. VIOLATIONS IN CONNECTION WITH NUMBER PLATES AND STICKERS 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 700.00 Owner 500.00 Owner 500.00 Owner 300.00 Owner Owner/ Operator MV number plates not firmly 150.00 Attached and visible. Dirty or uncared for plates 150.00 Inconspicuously displayed plates 150.00 in front and rear NO STICKER showing current 150.00 Registration License plates different from body 450.00 Operator number on Public Utility Vehicle Improper display of MV plates by 500.00 Owner (permanent) plates to
Accommodate a better display of Commemorative/other plates. Display of expired commemorative/ 500.00 Other plates Tampered/Marked plates/stickers 200.00 a. Illegal transfer and use of MV 750.00 plates/tags or stickers from on MV to another except security plates on authorized vehicle. Owner/Operator are conclusively presumed To have caused or permit such illegal transfer and liable to fine. Driver of MV involved in illegal 1000.00 1500.00 Owner/ transfer of Plates shall be penalized Operator by suspension of Driver's license for one month. b. If MV is used and involved in commission of a crime, penalty is imposed and motor vehicle is impounded. D. VIOLATIONS RELATIVETO EQUIPMENT, PARTS, ACCESSORIES, DEVICES, AND MARKING OF MOTOR VEHICLE 250.00 Driver 250.00 Driver Operating MV with metallic tires in any public highway Defective brakes 150.00 250.00 Driver 150.00 250.00 Driver 150.00 250.00 Driver 150.00 250.00 Driver 150.00 250.00 Driver 150.00 250.00 Driver 150.00 250.00
150.00
Driver 150.00 250.00 Driver 150.00 250.00 Driver 150.00 250.00 Driver
Improper/Defective hom 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 m. from vehicle Without plate light Without plate light Without opening brake lights Without/defective wiper on the windshield Without cut/disconnected muffler Dirty/defective wiper on the windshield 150.00 Without cut/disconnected muffler Dirty/unsightly or dilapidated MV confiscation of plates APPENDICES
150.00 250.00 Owner/of In addition Operator Until defects are corrected.
500.00 250.00 Owner/of Operator Owner/of Operator 250.00 Owner/of Operator 25. Failure to paint or improper painting 375.00 Authorized route or painting of Unauthorized route of PUJ 26. Non-painting of business or trade 150.00 Name. Confiscation of plates Until defects are corrected. 27. a. Use of unauthorized improvised plate 150.00 b. Use of improvised plates to make MV appear as for hire. 250.00 250.00 250.00 Owner/of Operator -do-
-do250.00 -do250.00 -do250.00 -do250.00 -do250.00 -do250.00 -do250.00 -do250.00 -do250.00 Driver 500.00 Owner/ Operator 28. A fine imposes upon owner/operator of MV operated for hire: 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 a. Dirty and /or unsanitary defective unit b. Without/defective hand brakes c. Without/defective speedometer or tachometer d. Defective or broken windshield e. Without or defective windshield wiper f. Without rear view mirror. g. Without interior light. 29. Without name or business name and Address inscribed on both sides of MV for public service. Confiscation of plates until proper markings are made. 30. Without spare tire 150.00 31. Unauthorized bell, siren or exhaust 150.00 whistle on emergency. Said gadgets shall be confiscated. 32. Without ref flag or red lights on 150.00 projecting end of load extending more a meter beyond The bed or body and in the evening, red lights visible at least 50 meters away. 33. Failure to paint appropriate body 375.00 number on a MV for hire on both sides a. Failure to carry EWD 100.00 b. Failure to install EWD 4 meters 300.00 away to the front and rear of the stalled/disable MV Without capacity markings 150.00 Installation of jalousies, curtains, dim 500.00 colored lights, strobe lights, dancing lights or similar lights/tinted colored or painted windshield or window glass. Sun visor or front windshield is allowed. Without permanent tailgate or failure 300.00 Put " NOT FOR HIRE" sign in a private jeepney/jitney. E. WEIGHT AND LOAD LIMITS Load extending beyond projected 200.00 width without permit Overloading, the driver shall be fined: a. Operating MV with wheel axle, or 150.00 axle group loads in excess of the limits in Sec. 9, RA 4136 or any regulations without permit. b. Operating MV with total weight of 150.00 cargo carrying device on passenger
truck including cargo exceeds 100 kilos. c. Allowing more passengers and /or 150.00 more freight or cargo in his vehicle more than the registered carrying capacity (if PUV, imposed upon Conductor) d. Baggage or freight carried on top of 150.00 truck exceeds 20 kilos per sq. meter and not distributed in such a manner as not to endanger the passenger or stability of the truck. 150.00 Driver 450.00 Driver 750.00 Owner/ Operator 750.00 Owner/ Operator 400.00 Owner/to Operator 300.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver/ Conductor 250.00 Driver/ Conductor F. PROHIBITED OR ILLEGAL OPERATION OF MOTOR VEHICLE OUT OF LINE Operation of MV for 500.00Dr hire, the driver and owner/operator shall each pay a fine. Driver's License shall be confiscated and suspended for 1 week - 1st offense- confiscation and 500.00per suspension for 1 week in addition to the fine - 2nd offense - confiscation and suspension for 1 month in addition to the fine - 3rd offense - 3 months suspension in addition to the fine - 4th offense - revocation of driver's license in addition to the fine. COLORUM OPERATION (driver) a. 1st offense - fine of P500 and 500.00 suspension of driver's license for 3 months b. 2nd offense - fine P750 and 500.00 suspension of driver's license for 6 months c. 3rd offense - fine of PI,000.00 and 1000.00 revocation of driver's license. COLORUM OPERATION (Owner/Operator) a. Fine of PI ,000 and confiscation of 1000.00 plates for 3 months - 1st offense. If despite the suspension of CR, the MV is used even as private vehicle, the same shall be impounded pending suspension and subject to Sec. 15 hereof b. A fine of P2.000 for the 2nd offense, 2000.00 the MV shall be impounded for 6 months. 750.00 Owner/ Operator
750.00 and Driver 750.00 Driver 1200.00 Driver 1500.00 Driver 1500.00 Owner/ Operator 3000.00 Owner/ Operator c. A fine of P3,000 for 3rd offense cancellation of franchise. 3000.00
4500.00 -do-
G. BREACH OF CONDITION OF FRANCHISE AND RELATED VIOLATIONS 43. Employing insolent, discourteous or 400.00 arrogant drivers or conductors 44. Refusal to convey passenger to proper 1,000.00 destination/trip cutting 45. Refusal to render public service to 1,000.00 public confiscation of driver's license and suspension for 1 month 46. Non-issuance of fare ticket 47. Unauthorized commercial business 500.00 name/allowing another to use his commercial or business name 48. Undue preference or unjust discrimination 500.00 Confiscation of driver's license and suspension for 1 month. 49. Overcharging/Undercharging above 500.00 or below authorized schedule of 500.00 passenger rates The owner/operator shall also be fined. For each subsequent offense the license of the driver or conductor shall be suspended for one (1) month. 50. Breach of the franchise conditions, 375.00 except when otherwise penalized under any provisions 600.00 Owner/ Operator 1,500.00 Owner/ Operator 1,500.00 Owner/ Operator Owner/ Conductor 750.00 Owner 750.00 Owner/ Driver 750.00 Driver/ Conductor 500.00 Owner/ Operator
51. Failure to carry franchise/CPC/PA APPENDICES H. FRAUDS AND FALSITIES 1500.00 Driver to 4500.00 1500.00 Owner/ to Operator 4500.00 1500.00 Owner/ Operator Driver
375.00
500.00 Driver
52. Use of invalid/ delinquent/ suspended/ 1000.00 revoked / fake license, identification to card or permit. 3000.00 53. Fake CR, OR, plates, tags or stickers/ 1000.00 spurious documents to 3000.00 54. Misrepresenting a copy of a document 1000.00 before the Traffic Adjudication Service I. PARKING AND VIOLATIONS OF DRIVERS 55. Prohibited Parking on any of the following places 150.00 250.00 Driver
within an intersection on a crosswalk within 5 m. of the intersection of the intersection of curb lines within 4 m. of the driveway entrance to any fire station within 4 m. of a fire hydrant in front of a private highway on the roadway side of any unmoving or parked at the curb or edge of the highway at any place where official signs of prohibition have been erected allowing passenger on top or cover of vehicle permitting passenger to ride on running board, step board or mudguard of MV while it is in motion disregarding traffic signs failure to use helmet while driving a motorcycle 56. Reckless Driving - 1st Offense - 2nd Offense and suspension 150.00 750.00 250.00 Driver 1500.00 2000.00 250.00 Driver 150.00 Driver 150.00 Driver 150.00 Driver 150.00 Driver - 3rd Offense and revocation of 1000.00 Driver's License 57. Failure to dim headlights 150.00 58. Driving in slippers or sleeveless shirt 100.00 59. Imposed upon the driver of a motor vehicle a fine of: - driving in a place not for traffic or 100.00 parking in a place not for parking - failure to give way to police or fire 100.00 department vehicle or ambulance
- hitching or permitting a person on vehicle.
100.00 a bicycle or skate roller to hitch to the
J. VIOLATIONS INVOLVING TAXI UNITS 60. Fast, tampered, defective or non-operational taxi meter/tampered, broken, fake or altered meter seal - in addition to the fine: - 1st offense - confiscation of driver's 2000.00 license and suspension for 3 months 3000.00 Owner/ Operator 4500.00 - 2nd offense - confiscation of driver's 3000.00 license and suspension for 6 months; and - 3rd offense - revocation of driver's 5000.00 7500.00 license and franchise 61. Tampered, broken, joined reconnected, fake or altered sealing wire The license of the driver of said taxi shall be confiscated and surrendered for: - 1st offense - 1 month suspension in 1000.00 2000.00 Owner/ addition to the fine Operator - 2nd offense - 3 months suspension 1000.00 3000.00 Owner/ in addition to the fine; and Operator - 3rd offense - 6 months suspension 1000.00 4500.00 Owner/ in addition to the fine. Operator APPENDICES 62. Refusal to render service to public or 1000.00 convey passenger to his destination The license of the driver shall be suspended for 1 month. 63. Impose upon the owner/operator of a taxi unit a fine of: a. Violation of color scheme, adoption of 375.00 new color or design without authority b. Unregistered/unauthorized trade 375.00 name or businessman or unauthorized use hereof c. No body number on both sides 375.00 d. Old meter, transmission or triplex seal 375.00 e. Loose triplex seal 375.00 f. Flagged up meter/operating on 375.00 contractual (imposed upon driver) The license of the driver of said unit shall be confiscated and suspended for 1 month. 64. No taxi driver's uniform 100.00 65. No taximeter and impoundment of 1000.00 motor vehicle until meter is duly installed each 66. Installing aircon unit without authority 750.00 2000.00 Owner/ operator Owner/ Operator 500.00 500.00 500.00 500.00 500.00 500.00 150.00 1500.00 1000.00 Driver Owner/ Operator Owner/ Operator
250.00 Owner/ 250.00 Owner/ 250.00 Driver 250.00 Driver 67. Failure to "aircon'unit without authority 150.00 Operator 68. Failure to put owner/operator's name 150.00 Address on taxi unit 69. P 150.00 for any of these traffic violations: a. Illegal turn at the intersection of the 150.00 highway b. Driving against traffic 150.00 (Failure to pass to the left when overtaking) 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver c. Illegal overtaking 150.00 (Failure to pass to the left when overtaking) d. Overtaking at an unsafe distance 150.00 e. Cutting an overtaken vehicle 150.00 f. Failure to drive away to overtaking 150.00 vehicle g. Increasing speed when being 150.00 overtaken before the overtaking vehicle has completely passed h. Overtaking when left side is not 150.00 visible or clear of incoming traffic i. Overtaking upon a crest of a grade 150.00 j. Overtaking upon a curve 150.00 k. Overtaking at any railways grade 150.00 crossing 1. Overtaking at an intersection 150.00 m. Overtaking between "men working" 150.00 or "caution" signs n. Overtaking at no overtaking zone 150.00 o. Failure to yield the right of way of 150.00 a vehicle on left when approaching intersection p. Failure to yield the right way of 150.00 vehicle with visible signal of intention to turn left. q. Failure to yield the right of way to 150.00 a crossing pedestrian in a highway
within a crosswalk. r. Failure to stop before traversing a 150.00 "through highway" or railroad crossing s. Failure to yield the right of way 150.00 entering a highway from a private road t. Failure to yield the right of way to 150.00 ambulance, police or fire department vehicle u. Failure to yield right of way to a 150.00 "through highway" or stop " intersection" v. Failure to give proper signal before 150.00 starting, stopping or turning from a direct line 250.00 Driver 250.00 Driver 250.00 Driver 250.00 Driver w. Illegal turn to the right nearest to 150.00 the right-hand side of the highway or curve or edge of the highway x. Illegal turn of driver intending to 150.00 approach the nearest center line to pass the left of center of intersection y. Failure to stop motor and notch 150.00 handbrake of MV when unattended to and parked on any highway z. Obstruction of the free passage of 150.00 other vehicles on the highway while discharging or taking on passenger or loading or unloading freight or driving MV to impede the passage of another motor vehicle.
APPENDIX "N" RELEVANT MMDA ORDINANCES MMC ORDINANCE NO. 78-3 SERIES OF 1978 AUTHORIZATION TRAFFIC LAW-ENFORCEMENT AGENCIES TO TOW AND IMPOUND STALLED MOTOR VEHICLES AND/OR ATTACHMENTS THEREOF IN ANY PUBLIC ROAD. STREET OF THOROUGHFARE WITHIN METROPOLITAN MANILA AND PROVIDING PENALTIES THEREFOR. WHEREAS, there is now an upsurge of the number of stalled vehicles in the major thoroughfares of Metropolitan Manila which contributes to the now critical situation of traffic congestion in the area; WHEREAS, to minimize if not prevent such problem or situation, it is imperative that operators of public utility vehicles and owners of private vehicles be required to keep and maintain them in roadworthy condition at all times; and WHEREAS, there is a need to authorized traffic law enforcement agencies to impound stalled vehicles and take such other measures or actions as may be necessary to effectively carry out and achieve this purpose; NOW, THEREFORE, be it ordained by the Metropolitan Manila Commission, acting through its Chairman/Governor, pursuant to Presidential Decree No. 824, as amended by the Presidential Decree No. 1274, and other pertinent laws, that: SECTION 1. Authority to Tow and Impound. Traffic law enforcement agencies in Metropolitan Manila shall tow and impound motor vehicles and/or their attachments which are stalled in any public road. street or thoroughfare within Metropolitan Manila. In the event of non-availability of government operated towing vehicle, the law-enforcement agencies concerned may call upon the operator of the nearest privately-owned tow vehicle, duly accredited by the Metropolitan Manila Commission to move the stalled vehicles to the impounding area. SECTION 2. Definition of Stalled Vehicles. As used in this Ordinance, "stalled vehicles" mean any motor vehicle and/or its attachment which for any cause is unable to proceed under its own motive power and is on a public road, street or thoroughfare. SECTION 3. Persons Liable. And operator of public utility motor vehicle or owner of private motor vehicles, whether natural of juridical, which shall stall in any public road, street or thoroughfare within Metropolitan Manila shall pay a fine of Two Hundred Pesos (P200.00). In addition thereto , a towing fee is such amount or amounts as may be determined by the Metropolitan Manila Commission on any agency which it may be paid to the city or municipal treasurer of the locality where the vehicle or its attachment was stalled. SECTION 4. Time of Payment. The fine and towing fee imposed in this Ordinance shall be paid within three (3) days from the date vehicle was stalled : Provided, however, That if the Operator or owner of the vehicle fails to pay the fines and/or towing fees within the said period, a daily surcharge of twenty percent (20%) on the fine shall be imposed for the first two months: thirty percent (30%) for the third and fourth months; and forty percent (40%) for the fifth and sixth months, but not to exceed Ten Thousand Pesos (PI 0,000.00): Provided, further, That if after six (6) months the fines, surcharges, and towing fees shall not have been paid by the
operator or owner of the proceeds of which shall be applied to the accumulated charges and the excess, if any, shall be returned to the operator or owner. SECTION 5. Accrual of Fines and Towing Fees. Fines and towing fees collected under this Ordinance shall accrue to the Metropolitan Manila Ordinance which shall allocate portion thereof to the local government units of the Metropolitan Manila to be used for the maintenance of traffic management in the local government units concerned. In the event that a privately-operated towing vehicle is utilized, the towing charges as collected towing vehicle shall accrue to the owner of the privatelyoperated towing vehicle. SECTION 6. Implementing Rules and Regulations. The Metropolitan Manila Commission shall issue guidelines, rules and regulations for the proper and effective implementation of this Ordinance. SECTION 7. Repeating Clause. All Ordinances or parts thereof which are inconsistent with the provision of this Ordinance are hereby repeated or modified accordingly. SECTION 8. Effectivity Clause. This Ordinances shall take effect upon its approval. ENACTED AND APPROVED, this 21st day of November, in the year of Our Lord, nineteen hundred and seventy-eight. FOR THE COMMISSION: IMELDA ROMUALDEZ MARCOS Governor/Chairman ATTESTED: EDUARDO R. SOLIMAN, JR. Executive Secretary 208 APPENDICES
MMC ORDINANCE NO. 78-4 SERIES OF 1978 REGULATING THE USE OF CERTAIN ROADS, STREETS AND THOROUGHFARES IN METROPOLITAN MANILA AND FOR OTHER PURPOSES.
WHEREAS, There is now a critical situation of traffic congestion in Metropolitan Manila which has grown to an alarming comprising 47% of the nationwide total number of registered vehicles, utilizing 2,809 kilometers of Metro Manila roads, which is only 2.8% of the nationwide total road network; WHEREAS, of the 2,809 kilometers aggregate length of road network in Metro Manila, the extensively used eleven (11) major thoroughfares cover 87.29 kilometers which is only 3.1%, with 204 junctions and 118 traffic generating points; and WHEREAS, in order to rationalize the use of roads, streets and thoroughfares of Metropolitan Manila, it is necessary to adopt measures that would minimize congestion in these major thoroughfares during peak traffic hours and promote the efficient day-to-day human activity in the area. NOW, THEREFOR, be it ordained by the Metropolitan Manila Commission, acting through its Chairman/Governor, pursuant to Presidential Decree No. 824, as amended by Presidential Decree No. 1274, and other pertinent laws, that: SECTION 1. Coverage. From 6:00 A.M. to 9:00 P.M. and from 4:00 P.M. to 8:00 P.M. every day except Sundays and Holidays, no cargo truck shall be allowed to travel or pass along (1) Epifanio delos Santos Avenue from Bonifacio Monumento to Taft Avenue; (2) Espana street to the intersection of West and South Avenue. (3) Claro M. Recto Avenue from Legarda Street, Magsaysay Boulevard and Aurora Boulevard, from Roxas Boulevard to Boston Street; (6) E. Rodriguez Avenue form Welcome Rotonda to Shoe Avenue; (7) South Superhighway through Nagtahan Bridge andAlfonso Mendoza Street from Epifanio de los Santos Avenue to Dimasalang Street; (8) Taft Avenue through Quirino Avenue from Redemptorist street to Plaza Lawton, to include McArthur, Quezon and Jones Bridges; (9) Bonifacio Drive through Roxas Boulevard and MIA Road from Aduana Street to the Manila International Airport; (10) Rizal Avenue through Rizal Avenue Extension from Carriedo Street to the Bonifacio Monumento; and (11) Reina Regente Bridge to Rizal Avenue Extension. SECTION 2. Definition of Cargo Trucks. The term "cargo trucks" as used in this Ordinance shall be understood to mean motor vehicles, principally intended for carrying cargo and having license plates of the following classifications: "S" , "T" "TC", "TRLB", "TRHB", "HHB", "HLB", and "TRJ", to include other delivery vehicle, whether loaded or empty, having a gross capacity weight of more than 4,000 kilos. SECTION 3. Violations and Penalties. Any person who violates the provisions of this Ordinance shall be punished by a fine of not less than One Hundred Pesos (P 100.00) but not more than Two Thousand (P2.000.00) or by imprisonment of not less than five (5) days nor more than thirty (30) days, or both at the discretion of the court. SECTION 4. Payment and Accrual of Fines. All fines imposed under this Ordinance, if uncontested, shall paid either to the city of municipal treasurer of the locality in Metropolitan Manila where the violation was committed or to the Philippine National Bank or the Philippine Veterans Bank and their branches. These treasurers ad banks shall immediately transfer all collections to the Metropolitan Manila
Commission which shall hold the fund in both contested and uncontested cases shall accrue to the Metropolitan Manila Commission which shall allocate portions thereof to the local government units of Metropolitan Manila to be used exclusively for traffic management and control activities in the local government units concerned. SECTION 6. Repealing Clause. All ordinances of parts thereof which are inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly. SECTION 7. Effectivity Clause. This Ordinance shall take upon its approval. ENACTED AND APPROVED this 21st day of November, in the year of Our Lord, nineteen hundred and seventy-eight. FOR THE COMMISSION: IMELDA ROMUALDEZ MARCOS Governor/Chairman ATTESTED:
MEMORANDUM CIRCULAR NO. 98-04 Series of 1998 IMPLEMENTING REROUTING OF CERTAIN MOTOR VEHICLES ALONG EDSA AND PORTIONS OF C-5 AND FOR OTHER PURPOSES In connection with the traffic management scheme for the construction of the EDSA-MRT and other transport infrastructure projects, closed van and other light and medium delivery vehicles with a gross capacity weight of 4,500 kilograms or less are hereby rerouted outside the section of EDSA between Pasong Tamo and Kamias during the period 7:00 a.m. to 9:00 a.m. and from 5:00 p.m. to 8:00 p.m. from Monday to Friday except during holidays. Similarly, trucks and other heavy vehicles bound for the general direction of Katipunan / Aurora area with a gross capacity weight of over 4,500 kilos are likewise rerouted outside the section of C-5 between Ortigas Extension and Boni Serrano from 6:00 a.m. to 9:00 p.m. Monday to Friday except during holidays. However, trucks and heavy vehicles coming from the general direction of Katipunan / Aurora bound for the Ortigas-Pasig area shall be allowed to continue usage of the Santolan-Libis-C5 area. Appropriate traffic signs shall be installed to inform motorists affected by the traffic rerouting scheme. 1. For those affected by the traffic rerouting scheme along EDSA, you are hereby advised to utilize the EDSA alternate routes. 2. For those affected at the C5 section, take E. Rodriguez and Marcos Highway towards Katipunan. Additional Information MMDA shall also strictly enforce unauthorized modification of the original design specifications of motor vehicles notably, conversion / change in the number of wheels (i.e., from 6-wheeler to 4-wheeler), conversion / change in engine/ chassis/ body and other similar violations. All traffic officers are hereby directed to enforce this Memorandum Circular effective 15 August 1998.
Recommending Approval: FLORENCIO D. FIANZA Police Chief Superintendent
Approved/or Implementation: JEJOMAR C. BINAY Chairman Executive Director, CTTM- MMDA
METRO MANILA COUNCIL MMDA REGULATION NO. 97-006 PROHIBITING THE DISPLAY AND / OR EXHIBITION OF ID, BADGE AND SIMILAR MARKINGS ON THE WINDSHIELD OF A MOTOR VEHICLE WHICH WOULD ESTABLISH IDENTIFICATION WITH ANY OF THE TRAFFIC ENFORCEMENT AGENCIES OPERATING IN METRO MANILA Pursuant to Section 6 of Republic Act 7924, this Regulation is hereby adopted and promulgated by the Metro Manila Council, that: Section 1. It is the purpose of this Regulation to stop the practice of displaying/ exhibiting ID, badge, and similar markings on the windshield of a motor vehicle because it is detrimental to public service, and would trigger confusion and create nuisance and disharmony to the efficient and effective traffic enforcement operations in Metro Manila. Section 2. Word and terms defined - as used in this Regulation. (a) "Driver" shall mean any person driving or in control of a vehicle whether or not he / she is licensed to do so. (b) "ID" shall mean any laminated / mounted form with photograph securely attached thereon which bear the signature and right hand thumb print of a person issued by any official government, semi-government and / or officially registered private / nongovernment agencies. (c) "Badge" shall mean any metal or its varied reproductions with a plainly readable number assigned / issued to a government agent / law enforcer. (d) "Markings" shall mean either ID or badge or combination of both. Section 3. The display and / or exhibition of ID, badge, and similar markings on the windshield of a motor vehicle, whether moving or non-moving, which would establish identification or link with MMDA, DOTC, LTO, PNP, Traffic Management Groups, or any traffic-related government offices, shall be prohibited in Metro Manila. Section 4. Penalties (a) Any ID, badge and other similar markings found hanging on any motor vehicle shall be subject to immediate confiscation. A fine of one thousand (PI,000.00) pesos per offense shall likewise be imposed upon the offending driver / owner of the motor vehicle. (b) Any official who issued the ID, badge and similar markings found hanging on any motor vehicle shall be charged administratively. Section 5. The MMDA Chairman shall issue necessary guidelines and rules implementing this Regulation. Section 6. Any ordinance, rules and regulations and other issuances found to be inconsistent with this Regulation is / are hereby repealed or modified accordingly. Section 7. This Regulation shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation. Done this 11th day of December 1997 in the City of Makati, Metro Manila, Philippines. PROSPERO I. ORETA Chairman
