Implementing Rules and Regulations of Republic Act No. 11468

December 4, 2020

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11468 OR THE "NATIONAL DAY OF REMEMBRANCE FOR ROAD CRASH VICTIMS, SURVIVORS, AND THEIR FAMILIES ACT"

RULE I

Preliminary Provisions

SECTION 1. Short Title and Purpose.—

These Implementing Rules and Regulations (hereafter, these "Rules") are promulgated by the Department of Transportation (DOTr) pursuant to Section 6 of Republic Act No. 11468 or "An Act Designating the Third Sunday of November every year as the National Day of Remembrance for Road Crash Victims, Survivors, and Their Families," otherwise known as the "National Day of Remembrance for Road Crash Victims, Survivors, and Their Families Act."

SECTION 2. Policy.—

It is the national policy of the government to ensure the protection and safety of its people from any form of road hazards and to value human lives by way of remembering the victims of road crashes and recognizing the sufferings of their affected families and communities. Toward this end, the National Day of Remembrance for Road Crash Victims, Survivors, and Their Families, must be declared to raise awareness of the people on the causes, consequences, and costs of road deaths and injuries, and for strengthening of advocacy to prevent such traumatic incidents, and promote road safety through a collaborative platform that brings together various sector stakeholders. There shall be equal responsibilities between motorists or road users in promoting road safety in the country.

RULE II

Purpose and Coverage

This IRR shall be the guidelines and basis among the involved agencies namely: the Department of Transportation (DOTr),the Department of the Interior and Local Government (DILG),the Land Transportation Office (LTO),the Land Transportation Franchising and Regulatory Board (LTFRB),Metropolitan Manila Development Authority (MMDA),and other agencies to streamline and harmonize its programs and activities to bring public awareness and promote road safety to decrease the number of road deaths in the country. This shall cover programs and activities in promoting awareness on road safety, and the functions and responsibilities of agencies as stipulated in this IRR.

RULE III

Programs and Activities in Promoting Awareness, Participation, and Information on Road Safety

SECTION 3. Commemorative Ceremonies.—

The ceremonies to be held in commemoration of the road crash victims, survivors, and their families will include the following activities:

(1) Wreath-laying offerings;

(2) Candlelight vigil;

(3) Solidarity march; and

(4) Special assemblies.

SECTION 4. Special Blood Donation Campaign.—

The Special Blood Donation Campaign shall be conducted in each Local Government Unit (LGU) during this holiday in coordination with the Department of Health (DOH),Philippine Blood Center (PBC),and Philippine Red Cross (PRC) or other relevant agencies in the area.

The DOTr shall monitor the Special Blood Donation campaign/drive performed per LGU through its participation rate and evaluate its effectiveness towards the decrease of road deaths.

The agencies responsible in the commencement of these campaigns shall be required to submit a report to the DOTr on the data requested as stated in Rule III, Section 17.

SECTION 5. Special Recognition.—

Special recognition shall be given to public officers, private stakeholders, volunteers, and organizations who are instrumental in saving lives or in supporting the victims, survivors, and their families.

The DOTr, in coordination with the National Working Committee (NWC),shall be responsible in selecting individuals, groups, or organizations to receive recognition in their participation towards saving lives or supporting victims, survivors, and their families. The DOTr, in consultation with other relevant agencies, shall formulate a criterion for this special recognition to prevent probable prejudice.

The type of award or reward to be granted shall be determined by the involved agencies in the selection process.

SECTION 6. Interfaith and Interreligious Commemoration.—

The interfaith and interreligious commemoration aims to ensure that every road user, regardless of culture and religion, shall have access to decent, quality, and affordable transport infrastructure and services in the country; thus, transcending all our stakeholders and key players in the road transport sector.

The DOTr shall establish appropriate structures, relationships and approaches aimed at consolidating joint programs on interfaith and interreligious commemoration for road safety. The DOTr may acquire local and international consultants to assist in the interfaith and interreligious commemoration and capacity building program to make the country's road system adaptable and convenient to the behavior of people of different religion and culture.

SECTION 7. Multi-Sectoral Symposia, Conferences, or Consultations.—

DOTr shall conduct multi-sectoral symposia, conferences, or consultations in coordination with the DOH, Department of Social Welfare and Development (DSWD),Department of Justice (DOJ),Commission on Higher Education (CHED),Department of Education (DepEd) and other concerned agencies.

These events shall be conducted at the national and local level, with participation from local policy makers, motorists, and road users.

These events will include the discussions on the improvement of the following:

1. Trauma care system and emotional support programs given to victims, survivors, and families;

2. Legal response, including resolution of pending cases and investigations and immediate compensation of victims and/or their families; and

3. Road safety situation by addressing the key risk factors to prevent the occurrence of similar road crash incidents.

SECTION 8. Public Awareness Campaign, Solidarity March and Road Safety Advocacy Programs and Services.—

Government agencies, Civil Society Organizations (CSOs)/Non-Government Organizations (NGOs) and the public are encouraged to participate in the promotion of road safety awareness through public awareness campaign, solidarity march and road safety advocacy programs and services.

SECTION 8.1. Public Awareness Campaign.—

The DOTr, the Presidential Communications Operations Office (PCOO),the DOH, the DepEd, Non-Government organizations and private agencies and organizations shall undertake an effective and regular nationwide information, education and communication (IEC) campaign.

The LGU and local government agencies shall also ensure that the proposed and on-going public awareness campaigns shall observe rules and regulations relevant to related laws and ordinances on initiating campaigns and in the use of information, and source of media and means to be used for the campaign.

The DepEd shall also initiate comprehensive school-based campaign that are delivered across age-levels, particularly to reinforce the importance of road safety education.

SECTION 8.2. Solidarity March.—

The participation in this activity shall be in the form of a "Public assembly" as stated in Batas Pambansa Blg.880, shall mean "any rally, demonstration, march, parade, procession or any other form of mass or concerted action held in a public place for the purpose of presenting a lawful cause; or expressing an opinion to the general public on any particular issue" which in this act shall be in relation to awareness in road crash deaths and promoting road safety. These activities shall be governed by local ordinances.

These activities shall be done in any form of "public place" of public ownership where the people are allowed access with the provision of a written permit for any person or persons to organize and hold a public assembly in a public place. However, no permit shall be required if the public assembly shall be done or made in a freedom park duly established by law or ordinance or in private property, in which case only the consent of the owner or the one entitled to its legal possession is required, or in the campus of a government-owned and operated educational institution which shall be subject to the rules and regulations of said educational institution.

SECTION 8.3. Programs and Services.—

It shall be mandatory for involved national and local government agencies to provide programs and services to the public towards the promotion of public awareness on road safety and to prevent future road crash incidents.

Recommended programs and services shall include the following, among other:

1. Recognition program as stated in Section 6 or Rule II;

2. Capacity building program;

3. Treatment and rehabilitation program to improve the capacity for treatment and rehabilitation on road crash incidents or any other program that will help in the improvement of access to emergency health services;

4. Services to support the affected families and victims through rehabilitation, treatment, and other benefits;

5. Mental Health related programs, projects, or activities for person and families of victims who were involved in road accidents;

6. Awareness campaign to relevant laws and policies on safety (e.g., RA 8750 (Seatbelt law), RA 10586 (Anti-Drunk and Drugged Driving Act), RA 4136 (Land Transportation and Traffic Code), RA 11229 (Child Safety in Motor Vehicles Act), R.A. 10666 (Children Safety on Motorcycle), RA 10054 (Motorcycle Helmet Law)) and others laws and policies; and

7. Other programs and activities that may be recommended by relevant agencies.

SECTION 9. Flag Raising Ceremonies in Government Offices.—

Government offices shall hold a flag-raising ceremony on the day or week immediately after the National Day of Remembrance as dedication to road crash victims, survivors, and their families, and shall provide a platform for bereaved or affected employees to advocate the need for road safety.

SECTION 10. Information Dissemination.—

Pursuant to RA 11468, n it is required to utilize resources in providing information to the public regarding road safety.

The public shall be provided with basic information and education on road safety. Standard basic information and education shall include, but not limited to, the following:

1. Understanding road safety and the impacts of road accidents in the economy, social aspects, and other affected sectors;

2. Information on the root cause of road accidents, and preventive measures for these tragic incidents;

3. Case studies and other data that can be used to educate, empower, and raise the importance of road safety in the country;

4. Awareness to relevant laws and policies on safety (e.g., RA 8750 (Seatbelt law), RA 10586 (Anti-Drunk and Drugged Driving Act), RA 4136 (Land Transportation and Traffic Code), RA 11229 (Child Safety in Motor Vehicles Act), RA 10666 (Children Safety on Motorcycle) and, RA 10054 (Motorcycle Helmet Law)) and others laws and policies;

5. Distribution of IEC materials on Special Laws that involves behavioral risk factor; and

6. Other information may be deemed necessary.

Confidentiality of information or record of an affected person or victim of the incident shall be bound by the rules of confidentiality and/or the Data Privacy Act of 2012, its Implementing Rules and Regulations, and the relevant issuances of the National Privacy Commission.

Information to be disseminated in pursuance of this IRR shall be acceptable provided it ensures the following intent, among others:

1. Promotion on the safe use of roads particularly to drivers, pedestrians, and other road users;

2. Increase public awareness on road crash accidents and other road incidents; and

3. Support on road safety initiatives.

Commercial and Non-commercial stations are encouraged to use their platform in providing information, raising awareness and promoting road safety, provided that they comply with the relevant laws and ordinances related to this section, or with the approval of the DOTr.

Personal information shall be disseminated only upon the consent of the individual that will be shown on media to respect their right to privacy in accordance with the Data Privacy Act of 2012, its Implementing Rules and Regulations, and the issuances of the National Privacy Commission.

The DOTr, the Philippine Information Agency (PIA),the DOH, the Department of Education (DepEd),and private agencies and organizations, shall develop and implement a continuing nationwide information, education, and communication (IEC) campaign. The IEC campaign shall include information on the number of road deaths happening yearly, the cause/s of road death, average profile of victims of road death and how to prevent it.

SECTION 11. Use of Government Website and Social Media Platforms.—

The DOTr and other relevant agencies shall establish a dedicated online platform via website or social media networks to be utilized for road safety awareness which shall include a database registry that commemorates road crash victims, survivors, and their families.

The private stakeholders, CSOs and NGOs are likewise encouraged to create an online platform in pursuance of this section subject to the evaluation and approval of the DOTr.

SECTION 12. Civil Society and Private Sector Participation.—

The DOTr shall encourage and engage civil society, as well as the private sector, with due regard for the protection and management of conflict of interest, to extend full support and cooperation for the implementation of RA 11468 and these Rules.

RULE III n

Enforcement, Functions and Responsibilities

SECTION 13. Establishment of National Working Committee Members.—

The DOTr shall oversee the activities under this Act and prepare a program for the meaningful commemoration of the National Day of Remembrance each year. For this purpose, a National Working Committee is established which shall be composed of the DOTr Secretary as the Chairperson, with the following members:

a. Department of Health (DOH);

b. Department of Education (DepEd);

c. Commission on Higher Education (CHED);

d. Department of the Interior and Local Government (DILG);

e. Department of Social Welfare and Development (DSWD);

f. National Youth Commission (NYC);

g. Presidential Communications Operations Office (PCOO);

h. Philippine Information Agency (PIA);

i. Philippine National Police (PNP);

j. Philippine Blood Center (PBC);

k. League of Provinces of the Philippines (LPP);

l. League of Cities of the Philippines (LCP);

m. League Municipalities of the Philippines (LMP);

n. Liga ng mga Barangay (LB);

o. League of Governors and Vice Governors of the Philippines (LGP and LVGP);

p. Mayors' and Vice Mayors' League of the Philippines (MLP and VMLP);

q. Provincial Board Members League of the Philippines (PBMLP);

r. Philippines Councilors League (PCL);

s. Union of Local Authorities of the Philippines (ULAP);

t. Metropolitan Manila Development Authority (MMDA);

u. Philippine Red Cross (PRC);

v. Land Transportation Office (LTO);

w. Land Transportation Franchising and Regulatory Board (LTFRB).

The DOTr shall designate functions and responsibilities per member of the National Working Committee (NWC) for the effectivity of this Act.

The NWC shall also have counterparts on the regional level through establishment of the Regional Working Committee for the implementation of this Act.

SECTION 14. Responsibilities of the DOTr.—

The functions and responsibilities of the DOTr under the Act and these Rules shall include the following:

1. Formulate policies, plans, standards, and guidelines relevant to RA 11468 n as the basis for the enforcement of this IRR.

2. Exercise jurisdiction over decisions and orders relevant to RA 11468. n

3. Evaluate, review, approve and/or take final action on issues and concerns raised not under the jurisdiction of the national working committee members, LGUs and other relevant agencies.

4. Develop initiatives in encouraging LGUs and relevant agencies stated under this IRR in developing programs for the public participation on programs and activities in promoting awareness, participation, and information on road safety stated under Rule II of this IRR. This is to increase the effectiveness in the implementation of the programs and activities in their respective areas.

5. Collate reports provided by the LGUs and other agencies on any programs and activities relevant to this act or as stated under Rule II of this IRR. This report will be used to monitor and evaluate these activities and its effectiveness in the implementation of this IRR.

6. Formulate its monitoring and evaluation system on measuring public awareness and its improvement in the prevention of road accidents in pursuance of RA 11468 n and shall provide guidelines to the LGUs on the provision of reports on the initiated programs and activities in accordance to this act.

7. Provide data and information necessary in the pursuant of this act. This may be utilized in any means where data and guidelines on road safety can be accessible to the public.

8. The DOTr shall implement a nationwide coordination with LGUs, DILG, LTO, LTFRB and MMDA to implement the programs and activities stated Rule II to build their capacity in enforcing the provisions of RA 11468 and these Rules. The DOTr may engage or collaborate with enforcement training institutions, experts, and civil society organizations for the formulation, development, and implementation of the training program.

9. Focus in enforcing the laws addressing the behavioral risk factors.

SECTION 15. Responsibility of National Working Committee Members.—

The main responsibility of these members is to act as enforcing agencies in the enforcement of the activities stipulated under this IRR to ensure effectiveness of this activity towards the goal of raising awareness and decreasing the number of road deaths.

The National Working Committee members shall have the following duties:

(1) Responsible for the enforcement of the provisions of the RA 11468 n and its IRR, as well as circulars, memoranda, opinions, and decisions/orders issued pursuant thereto. His actions shall always be guided by appropriate orders/directive from the Chairperson (DOTr).

(2) Have overall administrative control and/or supervision over all works pertinent to programs and activities in his area of responsibility and shall be charged with the processing of all permits and approvals.

(3) Ensure that all programs and activities relevant to RA 11468 n shall not proceed until it has been evaluated and approved by the DOTr.

(4) Undertake up-to-date record of their status of the program.

(5) Submit a quarterly situation report to the Chairperson through the DOTr office, on the status of all existing, on-going, and proposed programs and activities.

(6) Conduct strategic planning and assessment every 5 years to ensure that the PAPs are still relevant and effective.

To ensure the meaningful observance of the National Day of Remembrance as herein declared, the Department of Transportation (DOTr),shall direct the LTO, LTFRB, and coordinate with the DILG, MMDA and other relevant agencies in ensuring the implementation of the programs and activities indicated in Rule II of this IRR.

The enforcing agencies shall provide reports and data to the DOTr and other agencies, as may be necessary, that will support the evaluation, monitoring, and implementation of this IRR.

SECTION 16. Responsibilities of the LGUs.—

In relation to Rule II, Sections 3 & 8, LGUs shall direct local enforcers in regulating the activities under these sections to ensure peace, order and safety of the public.

The LGU shall observe the compliance of the proposed activities and programs stated under Rule II based on its local ordinances and related national laws such as Batas Pambansa Blg. 880 for any public assembly involved before proceeding with the event.

LGUs shall approve campaigns, public assembly, programs and services after evaluating the aforementioned in ensuring these activities do not impose threats and inconvenience to the public and to also ensure that it shall not perform activities that may destroy any public properties.

SECTION 17. Responsibility of Organizers and Participants.—

Any person or group that wishes to conduct the programs and activities stated under Rule II, Sections 3 & 8, shall be required to secure a written permit as stated under Batas Pambansa Blg. 880 for any person or persons to organize and hold a public assembly in a public place. Any procedure related to the organizing public assemblies shall follow the procedures stipulated under Batas Pambansa Blg. 880 or local ordinances.

SECTION 18. Review of Implementation.—

The DOTr shall conduct and submit to Congress a periodic review of the implementation of RA 11468 at the end of the third year from the date of its effectivity and every year thereafter, which may include recommendations on legislative measures to further strengthen the advocacy to prevent road crash incidents and promote road safety.

SECTION 19. Funding Source.— The concerned agencies and the local government units, shall allocate appropriate funding for the implementation programs and activities stated under this policy.

RULE V

Final Provisions

SECTION 20. Separability Clause.— If, for any reason, any part or provision of RA 11468 n is declared invalid, such declaration shall not affect other provisions of RA 11468. n

SECTION 21. Repealing Clause. — Any law, presidential decree or issuance, executive order, administrative order, rule, or regulation contrary to, or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

SECTION 22. Effectivity.— These Rules shall take effect fifteen (15) days after publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved this 4th day of December, 2020.

Recommending approval:

(SGD.) MARK STEVEN C. PASTORAssistant Secretary

Approved by:

(SGD.) ARTHUR P. TUGADESecretary

 

n Note from the Publisher: Written as "11486" in the official document.

n Note from the Publisher: Copied verbatim from the official document. Irregular numerical sequence.

n Note from the Publisher: Written as "11486" in the official document.

n Note from the Publisher: Written as "11486"in the official document.

n Note from the Publisher: Written as "11486"in the official document.

n Note from the Publisher: Written as "11486"in the official document.

n Note from the Publisher: Written as "11486"in the official document.

n Note from the Publisher: Written as "11486"in the official document.