­

Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

8 New Philippine Laws: Part 7 of 8 Mandatory Installation Of Speed Limiter

Road accidents have been happening regularly and one of the reasons for these mishaps is because of being unmindful of the speed limit, not knowing that exceeding beyond the required speed can put someone's life in danger. There is a new law that will consider the installation of speed limiter in public utility mandatory. This law is known as the Republic Act 10916 or an Act Requiring the Mandatory Installation of Speed Limiter in Public Utility and Certain Types of Vehicles. 

SEC. 4. Mandatory Installation of Speed Limiter. 

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

SEC. 5. No Speed Limiter, No Registration

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

SEC. 6. Setting of Standard

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

SEC. 7. Accreditation

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

SEC. 8. Implementing Rules and Regulations

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

SEC. 9. Fines/Penalties

-a) The driver who operates a motor vehicle covered by this Act or the owner or operator who allows such driver to operate without the speed limiter herein required shall suffer a fine in the amount of fifty thousand pesos (P50,000.00).

b) The same fine shall be imposed upon the driver, owner or operator who operates or allows a person to operate a motor vehicle with a nonfunctioning or tampered speed limiter. 

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

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

For the subsequent commission of any of the foregoing prohibited acts, the driver's license of the offender shall be revoked or the franchise of a motor vehicle shall be suspended for a period of one (1) years, as the case may be, in addition to the fines herein imposed. 

c) Any person who is found guilty of tampering as defined in this Act shall suffer a penalty of imprisonment of not less than six (6) months but not more than (3) years and a fine of thirty thousand pesos (P30,000.00)

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

What Should You Do When You Get Into Road Accidents?

When panic attacks take precedence over presence of mind, it is hard to gather your thoughts and pull yourself together during road accidents. For sure, the steps to take if you have gotten yourself into road accidents have not crossed your mind unless you are involved. While going to driving school provides you the dos and don’ts of driving, experience is somehow the best teacher. The basic laws of driving are covered under the Republic Act 4136 or the Land Transportation and Traffic Code. The Act provides motorists with the information on provisions and traffic laws.

Section 5 of the RA 4136 tackles the processes of registration of motor vehicles. It states that “all motor vehicles and trailer of any type used or operated on or upon any highway of the Philippines must be registered with the Bureau of Land Transportation for the current year in accordance with the provisions of this Act.”

A fee of fifty pesos (P50.00) will be collected by the Bureau of Land Transportation and this fee is intended for the annotation of a mortgage and other encumbrances.

Section 55 outlines the duty of the driver in case of accident:

“SECTION 55. Duty of Driver in Case of Accident. – In the event that any accident should occur as a result of the operation of a motor vehicle upon a highway, the driver present, shall show his driver’s license, give his true name and address and also the true name and address of the owner of the motor vehicle.

No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances:

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

2. If he reports the accident to the nearest officer of the law; or

3. If he has to summon a physician or nurse to aid the victim.”

For the driver, it is important to ensure safety of people who are involved in the accident. Taking pictures of the accident is also necessary because this will serve as evidence especially if the other person denies the incident that has taken place. When taking pictures of both vehicles, the license plates and the area where the accident occurred must be included.

If it is possible, your vehicle must be moved off to the side of the road and let the investigator get all the details related to the accident. The information will be reviewed later on. If the accident involves another driver, an exchange of information must be considered. The essential details that you need to gather are name, phone number, address, policy number, insurance company, driver’s license number and license plate number. Do not forget to include the make and model of the vehicle.

After the exchange of information, contact your insurance company so you will be able to find out about the coverage of your insurance. An accident report must also be filed with the police department. A police report can speed up the process of filing for insurance claims. The report can be filed at your local police station.

LTO's Collection of 400 Million Pesos From Plate Stickers Remains A Mystery

The increasing number of vehicular accidents in the country is mainly due to the driver’s fault according to Land Transportation Office (LTO) statistics. In fact, about 80 percent of these accidents have been blamed on the driver’s carelessness. Is there any reason for the alarming increase of vehicular accidents? It all goes back to obtaining driver’s license where a series of tests is conducted to ensure that the driver is fit to drive. Unfortunately, “fixers” never cease to prey on people who want to take the shortest route for processing their application. This means, applicants no longer have to undergo the long and tedious process of undergoing medical, drug and driving tests.

Now, if these applicants have horrible eye sights, they will have trouble seeing traffic signs. Bypassing the drug test can also have a serious impact because letting users or pushers drive is already an accident waiting to happen. If an applicant undergoes the usual process for obtaining a license, they will also be required to take a written exam. Fixers already have pre-answered examination forms, which are given to the applicants who agree to the fixers’ terms.

The drivers, who have obtained their license legally, can go to war in full battle gear. They are prepared and well-trained because they know what to do. On the other hand, people who have only obtained their licenses with the help of fixers can be compared to a defenseless soldier. This is unfair to those who choose to wait for hours just to get their license. Imagine waiting in line while others have the ability to bypass these processes.

Aside from fixers, there are other problems that LTO has yet to face. How would you feel if your supposed sticker has not been registered or to put it bluntly, has been non-existent? You paid 50 pesos for the plate sticker in high hopes that your vehicle has been registered then lo and behold, you were duped!

Under the Aquino administration alone, LTO has already pocketed a whopping P410 million pesos from owners who are completely clueless. If you think the Bureau of Customs (BOC) and Bureau of Internal Revenue (BIR) are doing the corruption indiscreetly, LTO has just broken the record.  LTO owes every vehicle owner an explanation. For just 50pesos, this agency has pocketed 410 million pesos and to say they have ripped everyone off is indeed an understatement. LTO will not refund the money, but they cannot even explain where the money went. The reasons are esoteric and mysterious, or perhaps, like the plate stickers, non-existent.

Rude Cab Driver In A Viral Video Refuses To Take A Drug Test

The reported cases of passengers being harassed by rude taxi drivers are increasing and while some passengers choose to keep silent, one passenger posted a video of an enraged cab driver who went ballistic when the passenger refused to give in to the amount he demanded. Joanne Garcia expressed her discontentment and anger by posting the video she took herself. The video that Garcia took went viral but this is just a snippet of the altercation that took place. According to her, the cab driver asked her to pay a fixed rate of P250 but she insisted on using a taxi meter.

Garcia assumed that she and the cab driver have already agreed to use the taxi meter instead of paying a fixed rate. However, upon the passengers’ arrival at POEA, the meter is at P140. She paid P200 and asked for her change. That was when the cab driver started cursing at Garcia and her companion demanding a much higher amount. The part when Catipay curses at Garcia and her companion have been caught in the video.

She also suspects Catipay of taking drugs during that time. The Land Transportation Franchising and Regulatory Board (LTFRB) had served summon for the cab driver and the operator, Ariel Gamboa on January 5. They appeared before LTFRB on January 6 and required to explain why the franchise should not be cancelled in spite of the violations they committed to the passenger such as harassment, overcharging of fare, contracting passenger and threatening of passenger. The video only revealed a portion of the altercation and according to Garcia, Catipay threatened to hurt her if she did not leave the cab. Catipay also refused to take a drug test and denied being high on drugs when the incident happened. The matter will be discussed on January 12 to dig deeper into Garcia’s complaint.

Bill of Rights 2152 aims to put a stop on cab drivers who unscrupulously prey on unsuspecting passengers:

“this bill seeks to clearly enumerate and establish the rights of taxi passengers and the responsibilities of taxi drivers and operators. Moreover, it also seeks to support current provisions of the Land Transportation Franchising and Regulatory Board in determining the system and proper avenue for passengers to file their complaints with regard to their rights that are violated. “

Drivers and operators who violate any of the provisions Under Section 3 shall be meted a fine and/or a penalty, depending on the degree of offense:

“a. First Offense. - A minimum fine of Five Hundred Pesos (P500,00) but not to exceed Two Thousand pesos (P2,000.00);

b. Second Offense. -  A minimum fine of One Thousand Pesos (P1,000.00) but not to exceed Five Thousand pesos (P5,000.00);

c. Third and Succeeding Offenses. -   A minimum of Three Thousand pesos (P3,000.00) but not to exceed Ten Thousand pesos (10,000.00) and the suspension of the driver's license and/or the Certificate of public Convenience for a period of one (1) week. “

Taxikick: A Convenient Way Of Lodging A Complaint Against Abusive Taxi Drivers

When the temporary restraining order (TRO) was served to Uber and GrabCar for new applications, the commuting public was left with a few transportation options. While this is the season for giving and sharing, there are corrupt and abusive taxi drivers who choose to seize the opportunity and commuters who only want to reach their destination in the most convenient way are not spared from falling prey to these taxi drivers’ schemes.
 
These taxi drivers collect fares in excess of the actual amount charged to the passengers. They have lots of lame excuses to deter passengers from getting the exact change. While it is the passenger’s prerogative to give a tip, a taxi driver cannot just prey on these unsuspecting passengers to collect more than the amount due to them.

In response to the perennial complaints from passengers against these unconscionable practices, TaxiKick has been created. The site accepts complaints from passengers who have been scammed by taxi drivers. Once complaints are lodged, the site will forward them to the LTFRB, which takes action on each complaint. The LTFRB will contact complainants to get more information.

The passengers also have the option to follow up on any report they file by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it. or text/call the LTFRB at 459-2129 or 0921-448-7777.

Proposed acts HB 4016, 2346, 2669, 5107 and 3503 are intended to address growing concerns on taxi drivers’ abusive treatment to passengers.

Here is an overview of one of the house bills being pushed:

“Jurisprudence reveals that a contract of transport of passengers is quite different from any other contractual relationship since it is imbued with public interest. Moreover, it is a policy of the State to protect the interest of passengers, promote their general welfare and establish the strictest standards of conduct for the transportation industry.

Several laws and ordinances have been enacted to safeguard the safety of the commuting public. Traffic enforcers have been deployed in strategic locations to ensure the efficient flow of various forms of public transportation and more importantly, the safety of our commuters.

In relation to this, it is the right of every person to choose whatever means of public transportation he/she prefers. Most of our commuters would choose to take the bus, jeepney, tricycle but for convenience sake, they have also opted to take our railway system (LRT and MRT) to avoid the horrendous traffic in most of our major thoroughfares. Still some for the sake of expediency, have chosen to take the taxi because it saves on time and gets them to their place of disembarkation much faster.

However, passengers are most often than not victims of abusive taxi drivers. Rampant abusive practices by these taxi drivers include the collection of fare in excess of what is due to them. In the event a passenger asks for his/her exact change, the common answer is that they do not have enough coins or this was their first trip.”

Red Light As Courts Stop Uber And Grabcar

It is going to be bad news for the commuting public as the Quezon City Regional Trial Court (RTC) orders two government agencies DOTC and LTFRB to stop accepting applications or approving applications from motor vehicles, which are considered public utility vehicles under the Transport Network Vehicle Services scheme. Uber and GrabCar are two of the companies that are greatly affected when the temporary restraining order (TRO) was issued. 

When Uber and GrabCar operated, taxi operators and drivers are affected due to the decrease in their income. The 20-day TRO intends to stop accepting, processing and approving applications of those who want to establish partnership with GrabCar and Uber. 

Transport advocate groups are not happy with the fact that Uber and GrabCar are allowed to operate without franchises. The group wishes to protect the rights of public utility vehicles with franchises. Taxi drivers also cry foul as dissatisfied and ripped off customers have suddenly preferred Uber, Grab and other ride sharing or app-based services.

These services are a huge help in terms of meeting transport demands and with the issuance of TRO, the efficiency in transportation becomes a difficult thing to achieve. The TRO does not apply to on-going operations of Uber and GrabCar. Its sole purpose is to stop various government offices from accepting applications while TRO is still being served. 

The replete definition and purpose of Temporary Restraining Order can be found in administrative Circular No. 20-95:

“[1] Where an application for Temporary Restraining Order [TRO] or writ of preliminary injunction is included in a complaint or any initiatory pleading filed with the trial court, such complaint or initiatory pleading shall be raffled only after notice to the adverse party and in the presence of such party or counsel. 

[2] The application for a TRO shall be acted upon only after all parties are heard in a summary haering conducted within twenty-four [24] hours after the records are transmitted to the branch selected by raffle. The records shall be transmitted immediately after raffle. 

[3]  If the matter is of extreme urgency, such that unless a TRO is issued, grave injustice and irreparable injury will arise, the Executive Judge shall issue the TRO efective only for seventy-two [72] hours from issuance but shall immediately summon the parties for conference and immediately raffle the case in their presence. Thereafter, before the expiry of the seventy-two [72] hours, the Presiding Judge to whom the case is assigned shall conduct a summary hearing to determine whether the TRO can be extended for another period until a hearing in the pending application for preliminary injunction can be conducted. In no case shall the total period of the TRO exceed twenty [20] days, including the original seventy-two [72] hours, for the TRO issued by the Executive Judge.

[4] With the exception of the provisions which necessarily involve multiple-sala stations, these rules shall apply to single-sala stations especially with regard to immediate notice to all parties of all applications for TRO.”

Strange Laws You Never Knew Existed: Part 2 of 15 Number Coding Scheme

One thing that will sure serve as a reminder you are residing in Manila is the heavy traffic, which has become a regular part of a Filipino commuter's life. The dreaded peak hour and the heavily congested roads in Metro Manila have caused such a hooha. The number of vehicles that are lined up like ants, are longer than the patience adhering to your nerves. 

Without a doubt, the worsening traffic situation in Manila can make you want to sing "Welcome to the Jungle". Then came the Number Coding Scheme, which was referred to as the Unified Vehicular Volume Reduction Program. It was previously mistaken as the Color Coding Scheme and drivers in Metro Manila are pretty much aware of this ordinance. 

The Number Coding Scheme came to existence to address the problems with the traffic situation in Metro Manila. The scheme took effect in March 2003 and it is said to manage traffic situation by means of reducing the number of vehicles on the street. A certain plate number is barred from traveling in Metro Manila in a particular day. For instance, plates ending in 1 and 2 are prohibited on the streets on Monday between 7 AM to 7 PM. Window hours may also apply depending on the city. 

The Number Coding Scheme can make or break your day. For a regular commuter, it can either be relieving or traumatizing. The scheme does not apply during weekends and holidays. Any rule has an exception and the Number Coding Scheme also applies some especially on special cases and emergencies. If a vehicle has a passenger that requires immediate medical attention, the Number Coding Scheme will no longer be necessary.

Even doctors and other medical practitioners can also apply to be excused from the Number Coding Scheme. There are also cities in Metro Manila that exempt senior citizens from following the scheme. In Makati, senior citizens with BLU card no longer need to adhere to this rule. If caught, all they need to do is to present the BLU card. 

Guidelines on this scheme have already been updated, but until now, the problems with traffic in Metro Manila remain the same. Now, if you don't want to get stuck in a nightmarish peak-hour routine, stay cooped up in your room if it is unnecessary to go out. Unfortunately, people who need to go to work have to bear with the endless and torturous toing and froing. 

It's going to be a normal routine for you unless you decide to escape the concrete jungle and choose to live in a place away from the distractions and demands of a modern city. Indeed, it is a love-hate relationship with Metro Manila due to heavy traffic. Manila: love it, leave it. 

 

Regulation Of Ride-Sharing Services Explained

The hustle and bustle of the city, people toing and froing and infrastructures here and there are all signs that the country has been growing rapidly. With the demands that this rapid growth entails, it is imperative to maintain a fast and steady pace. Traffic jams are a daily sight for urban settlers. In fact, it marks another busy day in the city. Catching a ride that will take you to your destination the earliest possible time is such a challenge as there are also hundreds of passengers parading like ants trying their best to make it to their destination. With the regulation of ride-sharing services, Pinoy commuters need not wait for agonizing hours to catch a ride. 

Public convenience is the main objective of Department order 97-1097 and it aims to improve transport service so it will be more accessible to the commuting public. It has effectively merged transport services and the modern advances in technology so the commuters will find it easier to get to their destination. People can download apps such as Uber to get a ride conveniently. Since this order modernizes the traditional way of commuting, passengers will find it convenient to travel from one place to another. 

These transportation services are online-enabled and it works by connecting drivers to customers requesting a ride. It also allows potential customers to browse through a list of registered vehicles. The transaction is completed once the driver receives the request and the customers are taken to their destination. 

The amendments covered for transportation network vehicle service include: 

Route: No fixed route

Vehicle type: Sports Utility Vehicle, Sedan, Asian Utility Vehicle, Van and other similar vehicles. 

Ventilation: air-conditioned

Seating capacity: should not exceed 7 passengers excluding driver

Mode of payment: pre-arranged

Fare: Based on TNC, it is subject to oversight from LTFRB following various circumstances such as national or local emergency, power shortage, civil disorder etc. 

Operation Conditions: 

Driver must have a professional driver's license;

Driver must be registered with LTFRB;

Driver must be TNC accredited;

Vehicle must be TNC accredited;

Vehicle must be 3 years old or below from the date of manufacture;

Age limit of vehicle must not exceed to 7 years from the date of manufacture;

Vehicle must be equipped with necessary tools;

Driver must have online-enabled digital device for pre-arranged ride;

Driver must only entertain customers that made a request using online-enabled application which is TNC accredited and provided;

Driver is not allowed to pick up passengers from the airport unless approved or authorized by airport management;

LTFRB prescribed identification card must be displayed during trips;

Passengers must be insured with personal accident insurance providers, which are LTFRB accredited;

Operators and drivers must comply with the government issued requirements.

­