Dear PAO,

I recently moved from the province to Metro Manila. On a recent trip using public transportation, I came across a disagreement between a student and a driver regarding seat belt use. As I am unsure of the specific law myself, I didn’t get involved. The student was worried the dusty seat belt would stain his white uniform and did not believe that there was a law requiring front seat passengers to wear one. The driver countered that a seat belt law exists. Given this situation, I’d like to confirm: Is there a law mandating seatbelt use for passengers on public transportation in the Philippines?

Amy

Dear Amy,

Please be informed of Section 4 of Republic Act (RA) 8750, otherwise known as the Seat Belts Use Act of 1999, which states that:

“Section 4. Mandatory Use of Seat Belts. — For their own safety, 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: Provided, That 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), front and back seat passengers are likewise required to use their seat belt devices at all times.

“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. x x x”

Based on the above-stated law, front seat passengers who take public motor vehicles are required to wear seat belts upon boarding the vehicle. To ensure compliance with the law, drivers are required to immediately inform the front seat passengers to do so. In case a passenger refuses to wear the seat belt, he/she shall not be allowed to continue his/her trip.

To give teeth to this policy, Section 12 of the above-stated law provides for penalty in case of violation of its provisions, viz.:

“Section 12. Penalties and Fines. — In the enforcement of this Act, the LTO shall impose fines against drivers, operators, owners of vehicles, manufacturers, assemblers, importers and/or distributors for violation of this Act.

“The following shall be the basis in defining fine and penalty provisions of the IRR to be promulgated pursuant to Section 11 hereof, provided that six (6) months grace period shall be allowed to lapse to conduct a nationwide information campaign:

“(1) On the driver

“(a) For failure to wear the prescribed seat belt devices and/or failure to require his passengers to wear the prescribed seat belt device, a minimum fine of One hundred pesos (P100) but not to exceed One thousand pesos (P1,000) for the first violation; a minimum fine of Two hundred pesos (P200) but not to exceed Two thousand pesos (P2,000) for the second violation; and a minimum fine of Five hundred pesos (P500) but not to exceed Five thousand pesos (P5,000) and suspension of driver’s license for a period of one (1) week for the third and succeeding violations;

“(b) Public utility vehicles shall post appropriate signages instructing front seat passengers to wear seat belts when inside the vehicle. Non-compliance hereof will hold both the driver and the operator liable and shall be fined a minimum of Three hundred pesos (P300) but not to exceed Three thousand pesos (P3,000) for every violation; and x x x”

The aforementioned law should be applied in the situation that you have mentioned, and as such, the student should wear the seat belt while riding the public vehicle and the driver of said vehicle is merely performing his obligation to immediately inform the passenger to wear the prescribed seat belt as prescribed by law. If the student insists on not wearing the seat belt, he or she may be denied riding the vehicle.

We hope that we were able to answer your queries. Please be reminded that 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 on.

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