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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.

New Law Prohibits A Two-Wheeled Motorcycle From Taking Small Children For A Ride

Children being taken for a ride on a motorcycle can be witnessed on public roads. Some are wearing a protective gear such as a helmet but others simply wrap their arms around the driver's waist. On May 19, small children are prohibited from riding motorcycles. This rule is in accordance with the Republic Act No. 10666 or the Children's Safety on Motorcycles Act of 2015. 

If you are driving a two-wheeled motorcycle, you are no longer allowed to take your children along public roads. This is because drivers will be exposing small children to danger with the sight of fast-moving vehicles and traffic. However, exemptions still apply. The law does not apply to cases of transporting a child to obtain immediate medical attention.  

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

(a) The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;

(b) The child’s arms can reach around and grasp the waist of the motorcycle rider; and

(c) The child is wearing a standard protective helmet referred to under Republic Act No. 10054, otherwise known the “Motorcycle Helmet Act of 2009.”

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

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

Moreover, for the third offense, the driver’s license of the offender shall be suspended for a period of one (1) month.

Violation of these provisions beyond the third time shall result to automatic revocation of the offender’s driver’s license.

SEC. 7. Review of Penalties. – The Land Transportation Office (LTO) is hereby empowered to increase or adjust the amounts of fines herein imposed: Provided, That:

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

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

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

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

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

New Law Bans Mobile Phone Use While Driving

These days, multitasking answers the demands of modern living. Everyone is caught juggling different tasks at the same time. So little time, so much to do. However, there are exceptions to the rule. Would you still prefer to multi-task when you know it can pose a threat to your safety? 

When you are multitasking, your effort becomes divided as well. For one task, you can devote 100% of your effort to produce excellent results, but multitasking makes it a challenge to obtain the same result. For instance, texting or calling while driving redirects some of your attention to your mobile phone. When you are on the road, anything that will require you to look away from the road or use your other hand to reply to a text message will challenge your safety.

Texting while driving is an accident waiting to happen. If you cannot avoid using your mobile device, make sure it is hands-free. Hands-free communication device allows you to keep your eyes on the road. 

The new law requires drivers to follow rules and regulations under Republic Act 10913 or the Anti-Distracted Driving ACt. 

According to Romeo Vera Cruz, executive director of Land Transportation Office (LTO) drivers are prohibited to use their device even during the temporary stop. 

While there are apps such as Waze that assist drivers in getting from point A to point B, law enforcers are serious about implementing the new law. The device should not cause any distraction to the driver even if they are used for navigation purposes. 

Distracted Driving, under Section 4 of this Act is defined as: 

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

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

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

Anyone caught violating the provision of this Act shall be penalized with:

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

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

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

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

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

 

8 New Philippine Laws: Part 6 of 8 No More Texting While Driving

Texting while driving is a multi-tasking skill many people on the go have learned to acquire. However, a few seconds of distraction can cause road accident. Republic Act No. 10913 or the Act Defining and Penalizing Distracted Driving will put a lid on the injurious and sometimes deadly effects of vehicular accidents due to the unrestrained use of mobile devices. 

Sec. 5. Extent of Coverage

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

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

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

Sec. 6. Exemptions

The provisions of this Act shall not apply to the following:

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

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

Penalties

Those who are found guilty of violating any provision of this Act will be penalized a fine of five thousand pesos (P5,000.00)for the first offense; ten thousand pesos (P10,000.00) for the second offense; fifteen thousand pesos (P15,000.00) and suspension of driver's license for three (3) months for the third offense; and a fine of twenty thousand pesos (P20,000.00) and revocation of driver's license: Provided that the implementing agency may increase the amount of fine herein imposed once every five (5) years in the amount not exceeding ten percent (10%) of the existing rates sought to be increased which shall take effect only upon publication in at least two (2) newspapers of general circulation. 

Why Should You Not Drink And Drive

Have you ever basked in the solace of beer or dangerous drugs? Have you been on a downward spiral toward depression that you consider these substances as a quick but temporary fix? Is having fun incomplete without drowning yourself in these substances? When you are under the influence of alcohol or dangerous drugs, you do things you do not normally do as inhibitions are unleashed. When you no longer know where to draw the line, it seems so easy to flirt with danger and even go steady with death. Intoxication can breed danger or pose a threat to your life and to other people. Drinking should not be intertwined with driving. Here's why:

Implementing Rules And Regulations

"REPUBLIC ACT NO. 10586
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL, DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES
SEC. 4. Driver’s Education. – Every applicant for a motor vehicle driver’s license shall complete a course of instruction that provides information on safe driving including, but not limited to, the effects of the consumption of alcoholic beverages on the ability of a person to operate a motor vehicle, the hazards of driving under the influence of alcohol, dangerous drugs and/or other similar substances, and the penalties attached for violation thereof.

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

The driver’s license written examination shall include questions concerning the effects of alcohol and drug intoxication on the ability of a person to operate a motor vehicle and the legal and pecuniary consequences resulting from violation of the provisions of this Act.

SEC. 5. Punishable Act. – It shall be unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances.

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

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

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

Law enforcement officers and deputized local traffic enforcement officers shall be responsible in implementing this section.

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

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

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