Dear PAO,

I have a brother who lives in the province. He has a young son who travels with him every time he drives to visit me and our parents in the city. I am concerned, however, about the safety of my nephew every time they travel in their car. I feel that my nephew is too small to be seated without a proper child seat to secure him in the passenger seat of their car. Because of this, I want to know if there is a law here in the Philippines related to securing children in vehicles. I lived abroad before and I know for a fact that other countries require a special car seating arrangement for children. Do we have a similar law here in the Philippines? I hope you can advise us about this.

Stipe

Dear Stipe,

To answer your query, we shall refer to Republic Act (RA) 11229, known as the Child Safety in Motor Vehicles Act. This law was passed in line with the policy of the State to guarantee the safety and welfare of infants and children from traffic-related injuries and death by promoting the use of child restraint systems in motor vehicles in accordance with international standards accepted by the United Nations. (RA 11229, Sec. 2) According to this law:

“Section 4. Mandatory Use of Child Restraint System in Motor Vehicles. It shall be unlawful for the driver of a covered vehicle not to properly secure at all times a child, in a child restraint system while the engine is running or transporting such child on any road, street or highway unless the child is at least one hundred fifty (150) centimeters or fifty-nine (59) inches in height and is properly secured using the regular seat belt.” (Sec. 4, Ibid; Emphasis supplies)

Under this law, a child is defined as any person who is twelve (12) years old and below. (Sec. 3(b), Ibid) As seen in this law, it is illegal for children under the aforementioned age and size to ride a running motor vehicle unless they are secured in a child restraint system. The child restraint system mentioned in the law refers to a device that is capable of accommodating a child occupant in a sitting or supine position, and that is designed to diminish the risk of injury to the wearer in the event of a collision or of abrupt deceleration of the vehicle, by limiting the mobility of the child’s body. (Sec. 3(h), Ibid)

It is important to note that the child restraint system required for children must not be substandard and must comply with the standards set by the Department of Trade and Industry following acceptable international standards, including the United Nations Regulation 44 and United Nations Regulation 129. (Sec. 6, Ibid) As such, the type of child restraint system must be those approved by or from manufacturers that are accredited by the DTI.

The Implementing Rules and Regulation (IRR) of RA 11229 recognizes instances when the requirement for a child restraint system is not applicable, such as during medical emergencies involving the child and other analogous circumstances as determined by the Department of Transportation in consultation with the Department of Health. [IRR of RA 11229 Rule 3, Sec. 6(c)]

RA 11229 imposes a penalty to a driver who shall transport a child, as defined by law, without the required child restraint system, in the amount of P1,000 for the first offense; P2,000 for the second offense; P5,000 and suspension of the driver’s license for a period of one year for the third and succeeding offenses.

Considering this, your brother must determine if his son is still considered a child, as defined by RA 11229. In the affirmative, he should ensure that his son is properly secured by a child restraint system every time they ride their vehicle for the child’s safety. Otherwise, he may be subjected to criminal prosecution for violation of RA 11229.

We hope that we were able to answer your queries. This advice is 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.

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]