Dear PAO,

I am currently working in a business hub in Metro Manila. I walk to my office every day when I get off the MRT. Fortunately, there are many pedestrian lanes in the area. However, I noticed that several cars do not stop at these lanes. Some drivers would honk their horns and get angry at the pedestrians crossing. I am curious about the rights of pedestrians crossing a pedestrian lane. Are we the ones who should yield to the cars passing through?

Yna

Dear Yna,

According to Section 42 (c), Article III of Republic Act (RA) 4136 or the Land Transportation and Traffic Code, the driver of a vehicle upon a highway within a business district shall yield the right of way to a pedestrian crossing within a crosswalk or pedestrian lane, to wit:

“Section 42. Right of way. xxx

“(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.”

To better understand the rights of a pedestrian, we should examine the above-mentioned law. First, as a general rule, the driver shall yield the right of way to a pedestrian crossing a highway within a business or residential district. But in order for this right to be applicable, the pedestrian should be crossing within a crosswalk or pedestrian lane.

By way of exception, the driver is not required to yield the right of way to a pedestrian even if the latter is crossing within a crosswalk, when the movement of traffic therein is being regulated by a traffic enforcer or by a traffic signal. In that case, the pedestrian should also follow the signal imposed by the traffic enforcer or by the traffic signal.

Second, the pedestrians who are crossing a highway within a business or residential district, at any point other than a crosswalk or pedestrian lane, have the duty to yield the right of way to vehicles upon the highway. The reason behind this is that there are designated pedestrian lanes or crosswalk for the pedestrians, and it is their duty to cross the highway within the designated area, and not anywhere else. Moreover, it should be noted that these rules are applicable only to a highway located in a business or residential district.

In your case, you stated that you were crossing the highway located in a business district, and were within a crosswalk. Thus, you may not be responsible for yielding the right of way to the driver of any vehicle. Rather, it is the duty of the driver to yield the right of way to pedestrians like you.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]