Standard Requirements for Tourist Water Transport Vessels

There should be at least one restroom each with toilet and washing facilities for male and female
located at the passenger accommodation area. In addition, there should be a common toilet and bath at the
cabin for a long-haul trip. Tissue paper, soap, and hand/paper towel should also be provided. A
receptionist should be available to usher in guests. There should be a refreshment which should be well-
stocked at all times. In case of long-haul trips, a dining area capable of seating, at least, one-fourth (1/4)
of the total passengers at one serving should be provided with appropriate and well-maintained furniture.
There should be a promenade or airing space at the upper deck for the exclusive use of passengers. There
should be a baggage area provided with racks or similar and safe storage in the passenger accommodation
area.

Adequate number of well-trained, well-groomed, experienced, efficient and courteous staff should
be employed. They shall wear clean uniforms at all times. Frontline staff should have a good speaking
knowledge of English.

Adequate lighting arrangement and fixtures should be installed in all levels of vessel in accordance
with the Philippine Merchant Marine Rules and Regulations. Standard Requirements for Tourist Air
Transport

Adequate life-saving devices and adequate communication equipment should be provided in

accordance with the requirements prescribed by the ATO.

Documents Required to Support Application to Operate as Tourist Transport Operator

(a) Mayor's Permit and/or Municipal License

(b) Business name certificate and all amendments thereto, if any, in the case of single proprietorship. In
the case of a corporation or partnership, a certified true copy of the Articles of Incorporation, its By-laws
or Articles of Partnership and amendments thereto, if any, duly registered with the Securities and
Exchange Commission.

(c) Proof of ownership or contract of lease over an area adequate to serve as maintenance depot and
garage for all its units (not applicable to water transport)

(d) A list of names of all officials and employees, and their respective designations, nationalities, home
address, certified correct under oath by the general manager/president

(e) Such other papers or documents as may be required from time to time by the Department

For Land and Transport

(a) A copy of the LTFRB certificate of franchise or authorization for tourist car/bus service

(b) A copy of the transportation rates as approved by LTFRB

(c) Pictures of the vehicles showing the side, back and front views thereof with the company's name and
logo imprinted at its rear and sides, respectively

(d) Such other papers or documents as may be required from time to time by the Department

For Water Transport

(a) A copy of Certificate of Public Convenience and Necessity issued by the Maritime Industry Authority
(b) A copy of the transportation rates as approved by the Maritime Industry Authority

(c) Pictures of the vessel showing the side, back and front views thereof with the company name and/or
logo imprinted at its sides

(d) A copy of routes to be served and schedules

(e) Such other papers or documents as may be required from time to time by the Department

For Air Transport

(a) A copy of the CPCN issued by the CAB

(b) A copy of the transportation rates as approved by the CAB

(c) Pictures of the plane showing the side, back and front views thereof with the company's name and/or
logo imprinted at its sides

(d) List of operations and maintenance officials and personnel with their ATO license

(e) Copy of the routes to be served and flight schedules

(f) Such other papers or documents as may be required from time to time by the Department

Accreditation of Motorized Boat/Banca Engaged in Tourism Activities and Services

A motorized boat/Banca engage in tourist services shall mean a vessel of 20 Gross Tonnage (GRT)
and below engaged in providing water transport services including sightseeing and water-related tourism
activities to foreign or domestic tourist for a fee or any form of compensation.264

For purpose of accreditation, the boat/Banca should be made of good quality materials and in
accordance with the MARINA standards.

The boat/Banca should be provided with the following equipment:

(a) Lifesaving and firefighting equipment and facilities;

(b) Adequate number of life vest as specified in the MARINA Certificate of Inspection to be given to and
worn by passengers upon boarding:

(c) Adequate number or required firefighting facilities in accordance with the Philippine Merchant Marine
Rules and Regulations (PMMRR); and

(d) First-aid kit with adequate supply of emergency medicines.

Adequate lighting, flashlights and radio equipment shall be provided. The boat/Banca should be
provided with adequate waste bins; and there should be at short briefing on boat rules on sale travel,
proper waste disposal and other concerns before boarding or an adequate notice thereof or brochures
should be conspicuously displayed on the motorized boat/Banca are given to passengers.

The boat/Banca should be manned by at least two (2) boatmen who are well- trained, efficient, and
courteous and with proper work permit/license from MARINA. The boatmen should wear Identification
Cards and clean uniform prescribed by the Department of Tourism at all times and should provide
optimum service geared on passenger safety, comfort and convenience.
 The following may apply for accreditation as motorized boat/Banca engaged in tourism activities
and services:

(a) single proprietorship owned by a resident Filipino citizen;

(b) a partnership organized under the laws of the Philippines, at least 60% of its capital being owned
by Filipino citizen; and

(c) a corporation organized under the laws of the Philippines, at least 60% of the subscribed common
or voting shares of stocks of which is owned by Filipino citizens and the composition of its Board of
Directors being a least 60% Filipinos.

The application for accreditation should be accompanied by the following documents:

(a) In the case of single proprietorship, a Business Name Certification and all amendments thereto duly
registered with the Bureau of Trade Regulation and Consumer Protection, Department of Trade and
Industry; in case of a corporation/partnership, a certified copy of the Articles of Incorporation/Partnership
and its By-laws and amendments thereto, duly registered with the Securities and Exchange Commission:

(b) Mayor's Permit and/or Municipal License;

(c) Resolution of the Board of Directors authorizing the filling of application and designating the
person authorized to sign and act for and in its behalf and transact business with the Department. If single
proprietorship of partnership, a letter of authority from the owner/partners;

(d) Complete list of its officers and employees, indicating therein the nationality, home address and
position, certified correct under oath by the general manager/president;

(e) MARINA Documents:

(a) Copy of MARINA certificate of inspection which validity shall not be less than three (3)
months from the date of filing of application with the Department; and

(b) Valid Certificate of Public Convenience (CPC) Provisional Authority (PA) Special Permit
(SP).

(f) Valid copy of the Compulsory Passenger Insurance with appropriate coverage for each passenger,

(g) Copy of rates and routes to be served and schedules; and

(h) Such other documents that the Department may require from time to time.

Seatbelt Law

The Law

The Seatbelt was enacted to secure and safeguard its citizenry, particularly the passengers and
drivers of private and public motor vehicles, from the ruinous and extremely injurious effects of vehicular
accidents. In order of seatbelt devices by the drivers and front seat passengers of private and public motor
vehicles shall be enforced.

Discussion of the Law

The highlights of the law are as follows:

 (1) The driver and front seat passengers of a public vehicle are required to wear or use their
seatbelt devices while inside a vehicle of running engine on any road or thoroughfare. In addition, the
driver of a public motor vehicle shall be required to immediately inform and require the front seat
passengers upon boarding a vehicle of running engine to wear the prescribed seatbelts. Any passenger
who refuses to wear seatbelts shall not be allowed to continue his/her trip.

(2) Infants and/or children aged (6) years and below shall be prohibited to sit in the front seat of
any running motor vehicle.

(3) It shall be unlawful for any person to import or cause the importation of any vehicle without
appropriate and operational seatbelt devices.

(4) For new vehicles, compliance is required for registration. Failure to comply shall disallow the
registration and/or renewal of the registration of vehicle at the LTO.

Application of the Law

Case: Mr. Jorge San Jose is an operator of 100 units of taxicabs with Makati-Cubao as the route area.
Ronnie Boy, one of the drivers of the taxicabs being operated by Mr. San Jose, was caught by a police
officer who imposed a fine on Ronnie Boy for not wearing any seatbelt at the time he was driving. In
Ronnie Boy's defense, Mr. San Jose stipulated that Ronnie Boy should not have been imposed a fine
because although the latter was not wearing the same at the time he was driving nevertheless the seatbelt
was installed in the taxicab in compliance with the Seatbelt Law. Is the police officer correct in imposing
a fine on Ronnie Boy who was caught not wearing a seatbelt at that time?

Legal Opinion: Yes, the police officer was correct in imposing a fine on Ronnie Boy for not wearing a
seatbelt at that time. Under Section 4 of R.A. 8750, also known a Seatbelts Use Act of 1999, the driver of
a public motor vehicle is required to wear or use their seatbelt devices while inside the vehicle of running
engine on any road or thoroughfare. In case of violation, LTO, through its authorized representative, may
impose a fine or penalty in case of non-compliance.

Law on Transportation of Animals

The Law

By virtue of R.A. No.8485,269 also known as the Animal Welfare Act of 1998, it shall be the duty
of any operator of any land, air, or water public utility transporting pets, wildlife and all the other animals
to provide in all cases adequate, clean and sanitary facilities for the safe conveyance and delivery thereof
to their consignee at the place of confinement. These animals shall be provided sufficient food and water
while in transit for more than twelve (12) hours or whenever necessary.

No public utility shall transport any such animal without a written permit from the Director of the
Bureau of Animal Industry or his/her authorized representative. Any form of cruelty shall be penalized
even if the transporter has obtained a permit from the Bureau of Animal Industry. Cruelty in transporting
includes overcrowding, placing animals in the trunks or under the food trunks of the vehicles.27

Discussion of the Law

In order to assure safety of passenger and crew members of aircraft or vessels, it is necessary to
obtain a shipping permit from the Bureau of Quarantine before an animal may be allowed to be
transported on board.21 The Bureau of Quarantine has required the following documents as certified by a
licensed veterinary doctor or veterinary clinic/hospital to be presented before shipping permit will be
issued;
 (a) Certified of rabies vaccination for not less than 30 days; in case of international carriage, a
certificate of "5 in 1" vaccination (parvo influenza. lepto, deworming, distemper, and hepatitis)
may also be required."

(b) For agricultural animals, a certified of clearance from the coggin test and FMD (foot and mouth
disease) test is required.

On the other hand, a person planning to bring any animal into the Philippines from abroad must
apply in writing for an import permit at the following address:

The Director, Bureau of Animals Industry

Visayas Avenue, Quezon City, Philippines

Attention: Animal Health Division

A valid health and rabies certificate must be obtained from the agency concerned at quarantine
officer upon arrival at the port of disembarkation. Any pet without such a certificate will be detained by
the Bureau of Animals Industry (BAI) until cleared.

For countries declared to be rabies-free, the rabies vaccination is waived. The appropriate
authorities in the country of origin can provide this information. For pet fishes, in lieu of a health
certificate, a prior import permit must be obtained from the Bureau of Fisheries and Aquatic Resources
(BFAR).

All animals imported into the Philippines shall be subject to such quarantine and tests as may be
prescribed by the director of animals industry and those found to be infected with dangerous
communicable animal disease shall immediately be condemned, killed, and properly burned or buried in
the presence of representative of the Bureau of Animal Industry at the expense of the importer.

Application of the Law

Case: Mr. David Thomas, an American citizen, wants to visit the Philippines. He has a pet beagle dog
which he wants to bring in the Philippines. What are the requirements which Mr. Thomas should comply
so that he may be allowed to bring his pet dog in the Philippines?

Legal Opinion: The first step is for Mr. Thomas to apply in writing for an import permit at the Bureau of
Animal Industry. The second step is for Mr. Thomas to secure a valid health and rabies certificate from
the agency concerned at the port of origin shortly before shipment. The certificate will be required by the
veterinary quarantine officer upon arrival at the port of disembarkation. Any pet without such a certificate
will be detained by the Bureau of Animal Industry (BAI) until cleared.

If the United States is declared to be rabies-free, the rabies vaccination is waived. Mr. Thomas must
provide the Philippine authorities with such documents. The pet dog of Mr. Thomas shall be subject to
such quarantine and tests as may be prescribed by the Director of Animal Industry.

Law on Importation of Vehicles

The Law

There are relevant laws on the importation of vehicles which may be usef for the transportation
business, namely:
 R.A. No. 7227 allows the free flow of goods and capital within the Subic Bay Freeport in Subic,
Province of Zambales in order to attract investors to invest their capital in a business climate with the
least government intervention.

President Arroyo's Executive Order 156 prohibits the importation of used motor vehicles into the
country except:

a) on territories that are declared Freeport Zone, such as the Subic Bay Freeport in Subic, Province
of Zambales by virtue of R.A. No.7227,

b) if the vehicle is owned by a returning resident or immigrant and covered by an authority to import
issued under the Non-Dollar Importation Program:

c) if the vehicle is for the use of an official of the diplomatic corps and authorized to be imported
by the Department of Foreign Affairs (DFA); and

d) if the vehicle falls under the category of "special purpose vehicles" such as ambulance, fire
trucks, refers, tanker trucks and crane lorries."

Under Republic Act. No. 6537 which was enacted on August 26, 1972, or otherwise known as the
Anti-Carnapping Act of 1972, it shall be the duty of the Collector of Customs jurisdiction of the principal
port of entry where an imported motor vehicle is unloaded to make a report of the shipment of the vehicle
to the Land Transportation Office within seven days after the arrival of the imported motor vehicle,
specifying the make, type and serial numbers of the motor vehicle engine block and chassis or body, and
stating the names and addresses of the owner or consignee thereof. If the motor vehicle engine, engine
block, chassis or body does not bear any serial number, the Collector of Customs concerned shall hold
the motor vehicle engine, engine block, chassis or body until it is numbered by the Land Transportation
Commission

In this regard, any person engaged in the importation of motor vehicle shall keep a permanent
record of his stocks, stating therein their type, make and serial numbers, and the names and addresses of
the persons from whom they were acquired and the names and addresses of the persons to whom they
were sold, and shall render an accurate monthly report of his transactions in motor vehicles to the Land
Transportation Commission

Under the Philippine Clean Air Act of 1999, any imported new or local assembled new motor
vehicle shall not be registered at the LTO unless it complies with the emission standards set as evidence
by the Certified of the Conformity by the Department of Environment and Natural Resources.

Under R.A. No. 8750 or known as the Seatbelts Use Act of 1999, it shall be unlawful for any
person to import or cause the importation of any vehicle without appropriate and operational seatbelts
devices.

Public Service Laws

The Law

Public service includes every person who may own, operate, manage or control in the Philippines for
hire or compensation, with general or limited clientele. whether permanent, occasional or accidental, and
done for general business purposes, any common carrier, railroad or street railway, traction railway,
subway motor vehicle, steamboat, or steamship line, ferries, and water craft, shipyard.
 Unless otherwise exempt, no public service shall operate without having been issued a certificate of
public convenience or a certificate of public convenience and necessity

Discussion of the Law

Public utilities are privately owned and operated businesses whose service is essential to the general
public. They are enterprises which specially cater to the needs of the public and conduce to their comfort
and convenience. As such, public utility services are impressed with public interest and concern. The
same is true with respect to the business of common carrier which holds such a peculiar relation to the
public interest that there is superinduced upon it the right of public regulation when private properties are
affected with public interest.

As mandated by law, no public service shall operate without having been issued a certificate of
public convenience (which is considered a privilege and not a property right).

A certificate of public convenience is an authorized granted by the government agency for the
operation of public service for which a franchise required by law for public use as required by law. The
requisites before a certificate of public convenience may be granted are: proper

(1) The applicant must be a citizen of the Philippines, or a corporation or co partnership, association
or join-stock company constituted and organized under the laws of the Philippines, at least 60
percent of its stock or paid up capital must belong entirely to citizens of the Philippines;

(2) The applicant must be financially capable of undertaking the proposed service and meeting the
responsibilities incident to its operation; and

(3) The applicant must prove that the operation of the public service proposed and the authorization
is to do business will promote the public interest in 219 a proper and suitable manner."

The following are the government agencies which have the authority to grant a certificate of public
convenience:

1) Civil Aeronautics Board (CAB) (R.A. No. 776) for Air Transportation;

2) Land Transportation Franchising and Regulatory Board (LTFRB) (Executive Order 202) for Land
Transportation; and

3) Maritime Industry Authority (MARINA) (Presidential Decree No. 474) for Water
Transportation.

Traffic Laws

R.A. No. 4136, which is enacted on June 20, 1964 is a compilation relative to traffic rules and
regulations. Some of the highlights of the law are as follows: Rules on Registration of Motor Vehicles

1) No motor vehicle shall be used or operated on or upon any public highway of the Philippines
unless the same is properly registered at the LTO.

2) Tourist bringing their own motor vehicles to the Philippines may, without registering such motor
vehicles, use the same during but not after ninety days of their sojourn: Provided, that the motor
vehicle displays the number plates for the current year of some other country or state, and said
 number plates as well as the name and address (permanent and temporary) of the owner thereof
are registered in the Land Transportation Commission prior to the operation of the motor vehicle.

3) For public utility automobiles, application for registration shall be accompanied by a certificate of
public convenience and motor vehicles registered shall be subject to the Public Service Law, rules
and regulations

(4) No person shall operate any motor vehicle without first procuring a license to drive a motor
vehicle for the current year, nor while such license is delinquent, invalid, suspended or revoked.
The license shall be carried by the driver at all times when operating a motor vehicle, and shall be
shown and/or surrendered for cause and upon demand to any person with authority under this Act
to confiscate the same. An examination or demonstration to show any applicant's ability to
operate motor vehicles may also be required.

(5) No person operating any vehicle shall allow more passenger or more freight or cargo in his
vehicle than its registered capacity. No driver shall permit any person to ride on the running
board, step board, mudguard of his motor vehicle for any purpose.

(6) Every vehicle must be provided with sufficient car accessories such as tires, brakes, horns,
headlights, taillights, stoplight, windshield wipers, mufflers and lights when disabled for the
security and safety of the motor vehicle, Under Letter of Instruction dated December 2, 1974,
every motor vehicle must have at all times at least one (1) pair of early warning device consisting
of triangular, collapsible reflectorized plates in red or yellow colors at least 15 cm. at the base and
40 cm. at the sides.

Restriction as to Speed

1) Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent
speed, not greater nor less than is reasonable and proper, having due regard for the traffic, the
width of the highway, and of any other condition than the three existing; and no person shall
drive any motor vehicle upon a highway at such a speed as to endanger the life, limb and property
of any person, nor at a speed greater than will permit him to bring the vehicle to a stop within the
assured clear distance ahead.

2) Subject to the provisions of the preceding paragraph, the rate of speed of any motor vehicle shall
not exceed the following:

Maximum Allowable Speed Passenger Cars and Motor Trucks and Buses
Motorcycles

1. On open country roads, with no "blind corners"

not closely bordered by habitations
80 km. per hour 50 km. per hour

2. On "through streets" or boulevards, clear of

traffic, with no "blind corners" when so
designated 40 km. per hour 30. km per hour
3. On city and municipal streets, with light traffic.
when not designated "through streets"
30 km. per hour 30 km. per hour

4. Through crowded streets, approaching 20 km. per hour 20 km. per hour
intersections at "blind corners," passing school
zones, passing other vehicles which are
stationary, or for similar dangerous circumstances

R.A. No. 10916 or "An act requiring the mandatory installation of limiter in public utility and
certain types of vehicles" will require all covered public transportation vehicles to have a speed limiter.
Vehicles without speed limite before the passage of the law will have to comply within 18 months after it
takes effect. The absence of a speed limiter will not be allowed for registration or be given a franchise
permit, and the owners or operators for the vehicle will be fined with P50,000.

Meanwhile, the driver's license will be suspended for one month and the franchise permit for
three months for the first offense. Sanctions for succeeding offenses will be license suspension for three
months and franchise suspension for six months on top of imposed fines at the second offense; and
revocation of license and franchise suspension for at least a year, and an imposed fine for the third offense
Offenders caught tampering with speed limiters will be imprisoned for six to 36 months and fined with
P30,000.

Restrictions on Overtaking and Passing

The driver of a vehicle shall not drive to the left side of the center line of highway in overtaking
or passing another vehicle proceeding in the same direction unless such left side is clearly visible, and is
free of oncoming traffic for a sufficient distance ahead to permit such overtaking or passing to be made in
safety.

Right of Way

a) When two vehicles approach or enter an intersection at approximately the same time, the driver
of the vehicle on the left shall yield the right of way to the vehicle on the right.

b) The driver of any vehicle upon a highway, within a business or district shall yield the right of
way to a pedestrian crossing such highway residential within a crosswalk, except at intersections
where the movement traffic is being regulated by a peace officer or by traffic signal. Ever
pedestrian crossing a highway within a business or residential district at any point other than a
crosswalk, shall yield the right way to vehicle upon the highway.

c) The driver of a vehicle upon a highway shall bring to a full stop such vehicle before traversing
any "through highway" or railroad crossing. Provided, that when it is apparent that no hazard
exists, the vehicle may be slowed down to five miles per hour instead of bringing it to a full stop.

Parking Prohibition
 No driver shall park a vehicle, or permit it to stand, whether attended or unattended, upon a
highway in any of the following places:

a) Within an intersection;

b) On a crosswalk;

c) Within six meters of the intersection of curb lines.

Within four meters of the driveway entrance to and fire station;

d) Within four meters of fire hydrant;

e) In front of a private driveway;

f) On the roadway side of any vehicle stopped or parked at the curb or edge of the highway; and

g) At any place where official signs have been erected prohibiting parking.

Driving or Parking on Sidewalk

No person shall drive or park a motor vehicle upon or along any sidewalk, path or alley not
intended for vehicular traffic or parking.

Driving and Substance Intake

No person shall drive a motor vehicle while under the influence of liquor or narcotic drug.

Obstruction of Traffic

No shall drive his motor vehicle in such a manner as to obstruct or person impede the passage of
any vehicle, nor, while discharging or taking on passengers or loading or unloading freight, obstruct the
free passage of other vehicles on the highway.

Duty of Driver During an Accident

In the event that any accident should occur as a result of the operation of a motor vehicle upon a
highway, the driver present, shall show his driver's license, give his true name and address and also the
true name and address of the owner of the motor vehicle.

No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the
accident without aiding the victim, except under any of the following circumstances:

1. If he is in an imminent danger of being seriously harmed by any person or persons by reason of

the accident;

2. If he reports the accidents to the nearest officer of the law; or

3. If he has to summon a physician or nurse to aid the victim.

Laws Regulating Tricycles, Pedicabs, Calesas and Other Related Provisions Under the Local Government
Code of 1991

In case of regulating tricycles, pedicabs, and calesas, the local government unit concerned, through
the city or municipality, has the power to regulate the same by virtue of the Local Government Code.
Regulation of tricycles by the city or municipality shall be subject to the guidelines prescribed by the
Department of Transportation and Communication (DOTC),

Limited Access Highway Act (R.A. 2000, June 22, 1957), as Amended by Executive Order 546
Under said law, the DOTC is authorized to design any limited access facility and to regulate,
restrict, or prohibit access as to the best serve the traffic for which such facility is intended. On February
19, 1968, Secretary Antonio V. Raquiza of the Department of Public Works and Communications issued
Administrative Order (AO) 1, which prohibited motorcycles, pedicabs, tricycles and bicycles on limited
access highways. The pertinent provisions of AO 1 read:

Subject: Revised Rules and Regulation

Governing Limited Access

Highways

By virtue of the authority granted the Secretary of Public Works and Communications under Section
3 of R.A. 2000, otherwise known as the Limited Access Highway Act, the following rules and regulations
governing limited access highways are hereby promulgated for the guidance of all concerned:

xxx

Section 3 - On limited access highways, it is unlawful for any person group of person to or

(h) Drive any bicycle, tricycle, pedicab, motorcycle or any vehicle (ne motorized).

The use of public highways is subject to regulation as an exercise of the police power of the state.
The police power is far-reaching in scope and is the most essential, insistent and illimitable" of all
government powers. The tendency is to extend rather than to restrict the use of police power. The sole
standard in measuring its exercise is reasonableness. What is "reasonable" is not subject to exact
definition or scientific formulation. No all-embracing test of reasonable exist, for its determination rests
upon human judgment applied to the facts and circumstances of each particular case.

Accreditation of Calesa Drivers

A resident Filipino citizen who is at least eighteen (18) years of age, physically and mentally fit and
of good moral character may apply for accreditation as a calesa driver.

The application for accreditation shall be accompanied by the following documents:

a) Appropriate mayor's permit and/or municipal license:

b) Proof that the driver has passed a seminar for calesa driver conducted by the Department or any
organization duly authorized by the Department;

c) Police clearance and/or barangay clearance;

d) Certified of good health issued by a duly licensed physician and veterinarian for the calesa driver
and horse, respectively; and

e) Other documents that the Department may require from time to time.

For purposes of accreditation, the following are the minimum requirements for the operation and
maintenance of a calesa:
(a) Physical appearance of the carriage:

1) The carriage shall be made of good quality materials and shall be of excellent workmanship.

2) It shall be neatly painted with a color/numeral marking duly prescribed or assigned by the
Department.

3) It shall have a non-skid stepping board.

4) It shall be clean, well-maintained, and provided with the comfortable seats.

(b) Horse - The horse shall be in good physical condition.

(c) Roadworthiness - The calesa shall be fit for operation on all public thoroughfares.

(d) Seating capacity - The calesa shall have a maximum load of two (2) passengers.

(e) First-Aid Kit - The calesa shall have the first-aid kit.

(f) Horse Waste Receptacle-Every calesa shall have a horse waste receptacle at the rear end of the
horse below the tail.

(g) Calesa Drivers - The drivers shall be trained, well-groomed, courteous and shall wear the
prescribed uniform and DOT ID at all times during actual operating hours and shall provide
service that is safe, comfortable and convenient as possible. Moreover, they shall look after the
welfare of their respective horses.

(h) Routes

(1) The calesa shall serve routes which are considered tourist zone belt areas and shall not disrupt the
normal flow of traffic.

(2) The service shall be limited to the boundary of the city or municipality issuing the pertinent
mayor's permit or municipal license.

(i) Fares - The calesa driver shall charge only such fares for his services a may be approved or fixed
by any competent government agency,

Anti-Drunk and Drugged Driving Act of 2003

The Law

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 substance by apparent indications and manifestations, including overspeeding,
wearing, lane straddling, sudden stops, swerving, poor coordination or the evident smell of alcohol in a
person's 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 driver's 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 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular Accidents. -
A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical
injuries shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug
confirmatory test as mandated under Republic Act No. 9165, to determine the presence and/ or
concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body

Sec 8. Refusal to Subject Oneself to Mandatory Tests. -A driver of a motor vehicle who refuses to
undergo the mandatory field sobriety and drug test under Section 6, 7 and 15 of this Act shall be
penalized by the confiscation and automatic revocation of his or her driver's license, in addition to other
penalties provided herein and/or other pertinent laws

Discussion of the Law

On May 27, 2013, R.A. 10586, also known as the Anti-Drunk and Drugged Driving Act of 2013,
was signed into law penalizing persons driving under the influence of alcohol, dangerous drugs, and
similar substances.

The conduct of "Field Sobriety Test" and "Chemical Test" such as drug screening test and drug
confirmatory test by law enforcement officers shall be subject to the implementing Rules and Regulations
as promulgated by the DOTC, the DOH and the NAPOLCOM. In addition, the LTO shall conduct
random terminal inspections and quick random drug tests of public utility drivers. The cost of such tests
shall be defrayed by the LTO.

Application of the Law

Case: Mr. Jasper Manabat, chief financial officer of a Makati hotel, was caught overspeeding by a police
officer and smelled alcohol in Mr. Manabat's breath when being asked to show his driver's license.
Discuss the responsibility of the police officer in such a situation.

Legal Opinion: Under R.A. 10586, also known as the Anti-Drunk and Drugged Driving Act of 2013, the
police officer shall conduct field sobriety tests Mr. Manabat. It is a standard test to initially assess and
determine intoxication, such as the horizontal gaze nystagmus, the walk-and-turn, the one leg stand, and
other similar tests as determined jointly by the DOH, the NAPOLCOM, and the DOTC. I Mr. Manabat
fails the sobriety tests, the police officer shall implement the mandatory determination of the driver's
blood alcohol concentration level through the use of a breath analyzer or similar measuring instrument. If
the police officer has probable cause to believe that Mr. Manabat is driving under the influence of
dangerous drugs and/or other similar substances, it shall be his duty to bring Mr. Manabat to the nearest
police station to be subjected to a drug screening test and, if necessary, a drug confirmatory test as
mandated under R.A. No. 9165. If found guilty of violation of law, this incident could definitely affect his
employment.

Distracted Driving

R.A. No. 10913 or "An act defining and penalizing distracted driving" will mean that any person
who is using their phones in non-emergency cases and/or needs it for work will be penalized with a fine
of P5,000 for first offense, P10,000 for second offense, and P15,000 and suspension of license for three
months for the third offense. The law added that the fine may be increased, along with ultimately
suspending the driver's license if properly disseminated to the public. Meanwhile. those who are driving
public utility vehicles, school buses, or carriers with flammable or toxic material within a 50-meter radius
from school premises will be fined with P30,000 and have their licenses suspended for three months.