Review of Related Law, Policies, and Ordinances

I. Constitutional Basis

Article III, Section 1 - Bill of Rights of the 1987 Constitution of the Philippines

States that, “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the
equal protection of the laws.”

The provision in Article III, Section 1 of the 1987 Constitution of the Philippines, which safeguards fair legal procedures and
equal application of laws, can be linked to the regulation of modified mufflers. By implementing fair and equal regulations on
modified mufflers, authorities can uphold individuals' rights while addressing the impact of vehicle noise on the community. This
ensures that individuals are not unfairly deprived of their right to use modified vehicles while promoting a balanced and healthful
environment for all.

References: Official Gazette (n.d.) The Constitution of the Republic of the Philippines.
https://www.officialgazette.gov.ph/constitutions/1987-constitution/

Article II, Section 16 - Declaration of Principles and State Policies of the 1987 Constitution of the Philippines

States that, “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature.”

The disruptive noise from modified mufflers can affect the overall well-being of the community, causing stress and
discomfort among residents. Regulating modified mufflers can thus contribute to creating a more peaceful and harmonious living
environment, aligning with the constitutional goal of ensuring a balanced and healthful ecology for the people.

References: Official Gazette (n.d.) The Constitution of the Republic of the Philippines.
https://www.officialgazette.gov.ph/constitutions/1987-constitution/

Article II, Section 5 - Declaration of Principles and State Policies of the 1987 Constitution of the Philippines

States that, “The maintenance of peace and order, the protection of life, liberty and property, and promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of democracy.”

The duty of the state to maintain peace and order, protect life, liberty, and property, and promote the general welfare can be
related to the issue of modified mufflers in the context of public safety, noise pollution, and community well-being. The excessive
noise produced by modified mufflers can disrupt peace, affect residents' quality of life, and pose risks to public safety. By invoking
Article II, Section 5, local government units can demonstrate that their intervention in regulating modified mufflers aligns with the
constitutional mandate to maintain peace and order and promote the general welfare.

References: Official Gazette (n.d.) The Constitution of the Republic of the Philippines.
https://www.officialgazette.gov.ph/constitutions/1987-constitution/

II. Existing Related Republic Acts (National)

Republic Act 3992: The Revise Motor Vehicle Law

On January 1, 1933, Act No. 3992, otherwise known as “The Revised Motor Vehicle Law,” was enacted, amending Act No.
3045. Provisions of Republic Act No. 3992 include more detailed information regarding the rules and regulations set forth by the law,
including authority over the registration and use of motor vehicles. Hence, this act indirectly provides a legal framework for the
regulation of emission standards and noise pollution control, which can relate to muffler modification. This act significantly
contributed to the regulation of motor vehicles in the Philippines, as it was incorporated into the new laws and adjusted for the
changing landscape of motor vehicles and transportation.

References: LTO Portal PH (n.d.) Republic Act 3992: The Revise Motor Vehicle Law.
https://ltoportal.ph/ra-3992-revised-motor-vehicle-law/

Republic Act 4136: Land Transportation and Traffic Code Rules

This act has to do with traffic management, road safety, and land transportation in general, as well as noise pollution. Motor
Vehicle Accessories is included under this act, where they make provision to allow and use modification parts of vehicles. However, in
an effort to lessen the nation's noise pollution, the Land Transportation Office (LTO) established a maximum sound restriction of 115
decibels. Furthermore, Section 23 prohibits "excessive or unusual noise" from motor vehicles, and Section 84 empowers law enforcers
to apprehend vehicles violating this provision. This law applies to modified mufflers that produce excessive noise.

References: LTO Portal PH (n.d.). Republic Act 4136: Land Transportation and Traffic Code Rules.
https://ltoportal.ph/ra-4136-land-transportation-traffic-code/

LTO Portal PH (n.d.). LTO Muffler Law: Sound Level Standards for Motor Vehicles.
https://ltoportal.ph/lto-muffler-law-sound-decibels/

Republic Act 386: Civil Code of the Philippines

Article 682 an Anti noise law that forbids the owner or possessor from creating a nuisance by means of glare, heat, dust,
water, noise, jarring, or foul odors, among other things.

References: Chanrobles,(n.d.).The Civil Code of the Philippines. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF
THE PHILIPPINES. Virtual Law Library. https://chanrobles.com/civilcodeofthephilippinesbook2.htm

III. Existing or Related Local Government Policies, Order or Ordinances

SENATE BILL NO. 1148 - Muffler Act of 2022

Restrict the use of motor vehicles that do not have mufflers, are deficient or have been altered to increase the volume emitted
by motor vehicles penalizing owners and drivers which adds to the environment's noise pollution.

References: 19th Congress - Senate Bill No. 1148 - Senate of the Philippines. (September 6, 2022) Legacy Senate Government
Philippines http://legacy.senate.gov.ph/lis/bill_res.aspx?congress=19&q=SBN-1148

Section 5 of Ordinance No. 8772 - Anti-Muffler Ordinance

Control and impose punishment on all kinds of motorcycles equipped with exhaust pipes or mufflers that have been altered
and produce loud, excessive noise.

References: Manila City Ordinance Banning Loud Exhaust has been Signed into Law. (Oct 4, 2021) TopGear Philippines
https://www.topgear.com.ph/news/motoring-news/anti-loud-exhaust-law-manila-city-a4354-20211004#:~:text=Section%205%20of%2
0Ordinance%20No,of%202%2C000%20to%202%2C500rpm.”
Municipal Ordinance No. 016 Series of 2017

Prohibiting the use of 'bora-bora' muffler or any other motorcycle devices that amplifies the regular muffler that would create
extra loud noise in the municipality of Trento, Agusan Del Sur.

References:: 016-Bora-Bora-Muffler (n.d.) Municipality of Trento, Agusan Del Sur

https://www.trento.agusandelsur.gov.ph/wp-content/uploads/2016/06/016-Bora-Bora-Muffler-min.pdf

IV. Existing or Related International Government Laws, Policies, Order or Ordinances

Rule 103 of the Motor Vehicles (Construction and Use) Rules 1959 (LN 170/1959)

It is an offense for owners to modify the exhaust pipe and silencer to generate a louder sound that may delight the driver but
is a nuisance to others. Offenders when caught can potentially face up to an RM2,000 fine and/or be jailed for six months.

References: Online, S. (2021, February 24). Get cracking on noisy motorcycles. The Star.
https://www.thestar.com.my/opinion/letters/2021/02/24/get-cracking-on-noisy-motorcycles

Motor Vehicle Standards Act 1989 (Australia) (2018 Edition)

This act regulates the design and construction of motor vehicles in Australia. Section 7 prohibits the importation and supply
of vehicles and vehicle components that do not meet prescribed standards, which may include muffler modifications.

References: Motor Vehicle Standards Act 1989 (Australia) (2018 Edition). (n.d.). Google Books.
https://books.google.com.ph/books/about/Motor_Vehicle_Standards_Act_1989_Austral.html?id=XMrHuAEACAAJ&source=kp_boo
k_description&redir_esc=y

Road Traffic Management and Penalty Act

People who make vehicle modifications that compromise its safe operation can be fined NT$900 to NT$1,800, while those
who remove a vehicle’s muffler or make excessive noise by other means face fines of NT$6,000 to NT$24,000. Vehicles that exceed
noise control standards could be fined NT$1,800 to NT$3,600 under the Noise Control Act (噪音管制法). Law enforcement, road
management and environmental protection officials should monitor roads for vehicles modified with loud exhausts as a deterrent, the
report said.

References: 台北時報. (2021, July 31). Bureau calls for crackdown on loud exhausts. Taipei Times.
https://www.taipeitimes.com/News/taiwan/archives/2021/08/01/2003761829