May 19, 2021

1:04 pm
Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Eighteenth Congress
Second Regular Session

9368
HOUSE BILL NO.______
________________________________________________________________

Introduced by Senior Deputy Speaker Doy C. Leachon

________________________________________________________________

EXPLANATORY NOTE

This bill seeks to regulate the no physical contact apprehension policy in

implementing traffic laws, ordinances, rules and regulations.

The no physical contact apprehension policy is not a novel concept. It was

introduced in the country in 2002 by the Metro Manila Development Authority
(MMDA). The implementation of the policy was suspended as it required the
traffic violators to pay first the fines and penalties for the traffic violation before a
protest may be filed.

After its suspension, the policy was reimplemented periodically from 2009 to
2011. It was in 2016 when the MMDA started to continuously implement the no
contact apprehension policy. Recognizing that the policy is effective in
apprehending traffic violators, the cities of Manila, Parañaque, Quezon and
Valenzuela passed their respective ordinances to implement the policy.

The existing technologies used in implementing the policy is incapable of

identifying the erring driver but is sufficient to clearly identify the plate number or
conduction sticker of a motor vehicle. As a matter of course, the notice of violation
is addressed to the registered owner of a private vehicle or operator of public utility
vehicle instead of addressing it to the actual erring driver who committed the
traffic violation.

Though the policy provided means for the registered owner or operator to
contest the notice of violation, the protest often results to denial. The registered
owner or operator is left with no choice but to pay the fines and penalties for fear
that the registration of their motor vehicle or franchise may not be renewed.
Effectively, there are times that erring drivers, who are traffic violators, are able to
evade liabilities.

To properly identify the erring driver, this bill requires the registered owner or
operator to present before the traffic adjudication board the person actually driving
the vehicle at the time and date that the alleged traffic violation is committed. It is
normal that the registered owner or operator knows the person who drives the
vehicle at the time that a traffic violation is committed.
 This bill also clarifies that (1) the non-payment of the fines and penalties
under the policy will not affect the renewal of the motor vehicle registration and
franchise renewal; (2) the driver’s license of the erring driver may not be renewed
unless the fines and penalties are paid; and (3) the liability of the erring driver is
personal and may not be charged against any other person.

There is a need to regulate the no physical contact apprehension policy to

improve the traffic management and operations in the country and (1) ensure that
traffic rules and regulations are observed even without the presence of traffic
enforcers; (2) inculcate discipline to all drivers, registered owners and public utility
vehicle operators in operating vehicles on the road; (3) prevent traffic congestion,
ensure smooth flow of traffic and minimize road accidents; and (4) avoid
altercation between drivers and traffic enforcers and curtail graft and corruption
during physical apprehension of traffic violators.

As the policy gradually exhibits good results in apprehending traffic violators,

there will be more and more traffic authorities who would want to implement the
policy. It is therefore necessary to provide uniform guidelines for the
implementation of the no physical contact apprehension policy.

In view of the foregoing, passage of this bill is earnestly sought.

ATTY. PAULINO “DOY” SALVADOR C. LEACHON

Senior Deputy Speaker
Representative, 1st District of Oriental Mindoro
 Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Eighteenth Congress
Second Regular Session

9368
HOUSE BILL NO.______
________________________________________________________________

Introduced by Senior Deputy Speaker Doy C. Leachon

________________________________________________________________
1 AN ACT
2 REGULATING THE NO PHYSICAL CONTACT APPREHENSION
3 POLICY IN THE IMPLEMENTATION OF TRAFFIC LAWS,
4 ORDINANCES, RULES AND REGULATIONS

5 Be it enacted by the Senate and House of Representatives of the Philippines in

6 Congress assembled:
7 SECTION 1. Short Title. – This Act shall be known as the “No Contact

8 Apprehension Act.”

9 SEC. 2. Declaration of Policy. – It is the policy of the State to maintain

10 peace and order, protect life, liberty and property, promote the general welfare of

11 the people, and adapt technology for the national benefit. Towards this end, the

12 State encourages the use of closed-circuit television (CCTV) cameras or other

13 similar technologies to apprehend traffic violators and attain the following

14 objectives:

15 a) Ensure that traffic rules and regulations are observed even without the

16 presence of traffic enforcers;

17 b) Inculcate discipline in all drivers, registered owners and public utility

18 vehicle operators while using the vehicles on the road;

19 c) Prevent traffic congestion, ensure smooth flow of traffic and minimize

20 road accidents; and

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 1 d) Avoid altercation between drivers and traffic enforcers, and curtail

2 graft and corruption during physical apprehension of traffic violators.

3 SEC. 3. No Physical Contact Apprehension. – The no physical contact

4 apprehension policy, hereinafter referred to as the No Contact Apprehension,

5 allows traffic authorities to issue tickets against erring drivers for traffic violations

6 captured by CCTV cameras or other technologies.

7 All national and local traffic authorities using CCTV cameras or other

8 technologies in enforcing traffic laws, ordinances, rules and regulations must

9 adhere to the provisions of this Act.

10 SEC. 4. Area of Operation. – The traffic authorities must designate the area

11 of operation where the No Contact Apprehension is implemented. No traffic

12 authority may implement the No Contact Apprehension without informing the

13 public of the area of operation.

14 In areas falling under the jurisdiction of different traffic authorities, only one

15 (1) traffic authority may implement the No Contact Apprehension. For this

16 purpose, the different traffic authorities must agree and designate their specific

17 area of operation. The presence of traffic enforcers in the area of operation must be

18 maintained.

19 SEC. 5. Presumption. – The registered owner is presumed to be the driver of

20 a private vehicle captured by the CCTV cameras or other technologies committing

21 a traffic violation. The operator is also presumed to be the driver of a public utility

22 vehicle if there is only one (1) franchise or a single unit under the name of the

23 operator.

24 The Land Transportation Office (LTO) and Land Transportation Franchising

25 and Regulatory Board (LTFRB) shall provide the necessary information to the

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 1 traffic enforcement authorities for the effective implementation of the No Contact

2 Apprehension.

3 SEC. 6. Notice of Violation. – The traffic authority implementing the No

4 Contact Apprehension must send the notice of violation to the registered owner or

5 operator within seven (7) days from the time of infraction. The notice must contain

6 the following:

7 a) Date, time, and location of the traffic violation;

8 b) Traffic violation and corresponding penalty;

9 c) Video file or still images of the violation that shows the plate number

10 or conduction sticker of the vehicle; and

11 d) Date, time and place of hearing of the traffic violation.

12 The notice serves as summons for the registered owner or operator or their

13 authorized representatives to appear before the traffic adjudication board of the

14 traffic authority that issued the notice.

15 As far as practicable, the traffic authority must first confirm that the traffic

16 violator was not physically apprehended before issuing the notice of violation for

17 the same traffic infraction. The notice of violation is automatically cancelled upon

18 showing of a physically issued citation ticket for the same traffic violation.

19 SEC. 7. Refusal to Receive the Notice. – If the registered owner or operator

20 refuses to receive and sign the notice of violation, the service of the notice is

21 deemed completed after the person serving the notice leaves a copy of the notice

22 and executes an affidavit of service stating the circumstances of the refusal.

23 SEC. 8. Duty of Registered Owner or Operator. – The registered owner or

24 operator or their duly authorized representatives must attend the hearing if

25 registered owner or operator wants to contest the alleged traffic violation. Failure

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 1 to attend the hearing, after being duly notified, is an admission of the traffic

2 violation.

3 The registered owner or operator who is not driving the vehicle at the time of

4 the alleged traffic violation must present before the traffic adjudication board the

5 person actually driving the vehicle captured in the CCTV cameras or other

6 technologies. If the driver is not available on the scheduled hearing, the driver must

7 execute an affidavit stating the circumstances and admitting or denying the alleged

8 traffic violation.

9 In all instances when the alleged traffic violation is denied, it is the duty of the

10 registered owner or operator to prove such claim before the traffic adjudication

11 board mentioned under Section 9 of this Act, and present the person who may be

12 liable for the traffic violation.

13 SEC. 9. Traffic Adjudication Board. – Any traffic authority implementing

14 the No Contact Apprehension must have a traffic adjudication board exercising the

15 following powers and functions:

16 a) Hear and decide cases involving the implementation of the No

17 Contact Apprehension;

18 b) Issue subpoena duces tecum and ad testificandum and administer

19 oath;

20 c) Promulgate the rules of procedure;

21 d) Furnish the LTO or LTFRB and other authorities a copy of the

22 decision finding violation of traffic laws, ordinances, rules or regulations; and

23 e) Perform such other functions necessary for the prompt disposition of

24 cases.

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 1 The decision of the traffic adjudication board may be appealed to the

2 executive head of the traffic authority and the decision on the appealed cases is

3 final and executory.

4 SEC. 10. Renewal. – Except as provided under existing laws, the payment of

5 fines and penalties for traffic violations under the No Contact Apprehension is not

6 a requirement for the renewal of motor vehicle registration or franchise. However,

7 the payment of fines and penalties is a requirement for the renewal of the driver’s

8 license.

9 SEC. 11. Liability. – Except for vicarious liability provided under Republic

10 Act No. 386, as amended, otherwise known as the “Civil Code of the Philippines,”

11 and subsidiary liability under Act 3815, as amended, otherwise known as “The

12 Revised Penal Code,” the liability of the traffic violator under the No Contact

13 Apprehension is personal and may not be charged against any other person.

14 SEC. 12. Implementing Rules and Regulations. – Within sixty (60) days

15 from the effectivity of this Act, the Secretary of Transportation shall, in

16 coordination with the Secretary of the Interior and Local Government and

17 chairperson of the Metro Manila Development Authority, promulgate the

18 necessary rules and regulations for the effective implementation of this Act. The

19 rules and regulations issued pursuant to this section shall take effect thirty (30)

20 days after its publication in two (2) national newspapers of general circulation.

21 SEC. 13. Repealing Clause. – All laws, orders, ordinances, rules and

22 regulations inconsistent with the provisions of this Act are amended or modified

23 accordingly.

24 SEC. 14. Separability Clause. – If any provision or part of this Act is

25 declared unconstitutional, the remaining provisions or parts not affected shall

26 remain in full force and effect.

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1 SEC. 15. Effectivity. – This Act shall take effect fifteen (15) days after its

2 publication in the Official Gazette or in newspaper of general circulation.

3 Approved,