LAWS ON TRAFFIC

Atty. Marlowe C. Selecios

City Legal Office

RELATED LAWS:
RA 10586 - Anti-Drunk and Drugged Driving Act of 2013 -

The State shall penalize the acts of driving under the

influence of alcohol, dangerous drugs and other intoxicating
substances and shall inculcate the standards of safe driving
and the benefits that may be derived from it through
institutional programs and appropriate public information
strategies.
RA 8750 - "Seat Belts Use Act of 1999." For the mandatory

compliance by motorists of private and public vehicles to

use seat belt devices, and requiring vehicle manufacturers
to install seat belt devices in all their manufactured vehicles.
RA 10054 - "Motorcycle Helmet Act of 2009" - An act

mandating all motorcycle riders to wear standard protective

motorcycle helmets while driving and providing penalties
therefor.

ANTI-DRUNK AND
DRUGGED DRIVING
ACT OF 2013
RA 10586

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 persons 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 drivers 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. 12.Penalties. A driver found to have

been driving a motor vehicle while under the

influence of alcohol, dangerous drugs and/or
other similar substances, as provided for
under Section 5 of this Act, shall be penalized
as follows:
(a) If the violation of Section 5 did not result

in physical injuries or homicide, the penalty of

three (3) months imprisonment, and a fine
ranging from Twenty thousand pesos
(Php20,000.00) to Eighty thousand pesos
(Php80,000.00) shall be imposed;

(b) If the violation of Section 5 resulted in

physical injuries, the penalty provided in

Article 263 of the Revised Penal Code or the
penalty provided in the next preceding
subparagraph, whichever is higher, and a fine
ranging from One hundred thousand pesos
(Php100,000.00) to Two hundred thousand
pesos (Php200,000.00) shall be imposed;

(c) If the violation of Section 5 resulted in

homicide, the penalty provided in Article 249

of the Revised Penal Code and a fine ranging
from Three hundred thousand pesos
(Php300,000.00) to Five hundred thousand
pesos (Php500,000.00) shall be imposed; and

(d) The nonprofessional drivers license of

any person found to have violated Section 5 of

this Act shall also be confiscated and suspended
for a period of twelve (12) months for the first
conviction and perpetually revoked for the
second conviction.
The professional drivers license of any

person found to have violated Section 5 of this

Act shall also be confiscated and perpetually
revoked for the first conviction. The perpetual
revocation of a drivers license shall disqualify
the person from being granted any kind of
drivers license thereafter.

SEAT BELTS USE ACT

OF 1999
RA 8750

Seat Belts Use Act of 1999

The driver and front seat passengers of a

public or private motor vehicle are required to

wear or use their seat belt devices while
inside a vehicle of running engine on any road
or thoroughfare.
Front and back seat passengers are likewise

required to use their seat belt devices at all

times for private vehicles, except for jeeps,
jeepneys, vans, buses and such other private
vehicles as may be determined in the
Implementing Rules and Regulations (IRR).

In the case of public motor vehicles, the driver shall

be required to immediately inform and require the

front seat passengers upon boarding a vehicle of
running engine to wear the prescribed seat belts.
Any passenger who refuses to wear seat belts shall
not be allowed to continue his/her trip.
For special public service vehicles such as school

services and other similar vehicles as may be

determined by the IRR, seat belt devices should be
provided and used by both drivers and front seat
passengers as defined herein and the first row
passengers immediately behind the driver at all
times while inside a vehicle of running engine.

Section 5.Children Prohibited to Sit in Front

Seat. Infants and/or children with ages six

(6) years and below shall be prohibited to sit
in the front seat of any running motor vehicle.

PENALTIES:
Failure to wear the prescribed seat belt

devices/and/or failure to require passengers to

wear the prescribed seat belt device. (Sec. 12[1]
[a] ) by the DRIVER
1 st Violation - Minimum fine of P100 But not to

exceed P1, 000.

2 nd Violation - Minimum fine of P200 but not to
exceed P2000
3 rd Violation - Minimum fine of P500 but not to
exceed P5,000 and suspension of drivers
license for a period of one (1) week)

 Public utility vehicle requiring from seat

passengers to wear seat belts when inside the

vehicle. ( Sec. 12 [b] ) by the Driver
Operator
Minimum of P300 but not to exceed P3,000 for
every violation

On any manufacturer, assembler, importer, and

distributor for every unit found without seat belt

devices installed prior to its distribution. (Sec. 12 [2] ) by
the Manufacturer, Assembler, Importer, Distributor

1 st Violation - Minimum fine of P5,000 but not to exceed

P10,000 and suspension of the license to manufacture,
assemble, import, distribute for a period of one (1) year.
2 nd Violation - Minimum fine of P10,000 but not to
exceed P20,000 and suspension of license to
manufacture, assemble, import, and distribute for two
(2) years.
3 rd Violation - Minimum fine of P20,000 but not to
exceed P50,000 and suspension of license to
manufacture, assemble, distribute for five (5) years.

MOTORCYCLE
HELMET ACT OF 2009
RA 10054

"Motorcycle Helmet Act of 2009"

All motorcycle riders, including drivers and back riders,

shall at all times wear standard protective motorcycle

helmets while driving, whether long or short drives, in
any type of road and highway.
Standard protective motorcycle helmets are appropriate

types of helmets for motorcycle riders that comply with

the specifications issued by the Department of Trade
and Industry (DTI).
EXEMPTION. Sec 4

Drivers of tricycles shall be exempted from complying

with the mandatory wearing of motorcycle helmets as
provided in this Act.

PENALTIES:
Any person caught not wearing the standard
protective motorcycle helmet in violation of this
Act shall be punished with a fine of:
First Offense: One thousand five hundred
pesos (Php1,500.00)
Second Offense: Three thousand pesos
(Php3,000.00);
Third Offense: Five thousand pesos
(Php5,000.00) and
Fourth Offense: Ten thousand pesos
(Php10,000.00) plus confiscation of the
driver's

b. Any seller and/or dealer who violates the

Provision on Motorcycle Helmets shall be

punished with a fine of not less than Ten
thousand pesos (Php10,000.00) but not more
than Twenty thousand pesos (Php20,000.00).

c. Any person who uses, sells and distributes

substandard motorcycle helmets or those which do not

bear the PS mark or the ICC certificate shall be punished
First Offense: A fine of not less than Three thousand

pesos (Php3,000.00; and

Second Offense: Five thousand pesos (Php5,000.00),
without prejudice to other penalties imposed in Republic
Act No. 7394 or the "Consumer Act of the Philippines".
d. Tampering, alteration, forgery and imitation of the PS
mark and the ICC certificates in the helmets shall be
punished with a fine of not less than Ten thousand pesos
(Php10,000.00) but not more than Twenty thousand
pesos (Php20,000.00), without prejudice to other
penalties imposed in Republic Act No. 7394 or the
"Consumer Act of the Philippines".