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Batas Pambansa Bilang 74

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BATAS PAMBANSA BILANG. 74

BATAS PAMBANSA BLG. 74 - AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FORTY-ONE HUNDRED AND THIRTY-SIX, OTHERWISE KNOWN AS THE LAND TRANSPORTATION AND TRAFFIC CODE

Section 1.Sections five, seven and eight of Republic Act Numbered Forty-one hundred and thirty-six, otherwise known as the Land Transportation and Traffic Code, are hereby amended to read as follows:

"Sec. 5.Compulsory registration of motor vehicles. – (a) All motor vehicles and trailer of any type used or operated on or upon any highway of the Philippines must be registered with the Bureau of Land Transportation for the current year in accordance with the provisions of this Act.

"(b) The dates of annual registration of motor vehicles shall be based on a registration scheme to be prepared by the Bureau of Land Transportation subject to approval of the Minister of Transportation and Communications. The scheme shall provide for a system that will distribute the registration of motor vehicles equitably over different months in a calendar year. Said scheme and rates shall not be changed more often than once every three (3) years, and only upon due notice given to the public at least ninety (90) calendar days before the effectivity of such registration scheme.

"Any registration of motor vehicles not renewed or before the date fixed by the Bureau of Land Transportation shall become delinquent and invalid.

"(c) Dealer's Report. – Dealers shall submit to the Director of Land Transportation a report concerning the sale or transfer of or any other transaction involving motor vehicles, including such information as importation, manufacturing data, and number of stocks remaining, as the Director may require for the effective enforcement of the provision of this Act within five (5) working days from such sale, transfer or transaction. Such dealers shall furnish also the buyer with a duplicate copy thereof, duly authenticated by the Director of Land Transportation.

"(d) Unauthorized repair of change of engine serial number. – Unless satisfactorily explained to and approved by the Director of Land Transportation, no repair involving the restoration of the original or registered serial number as stamped on the engine shall be allowed. No change involving an alteration of or tampering with the original or registered engine serial number of a motor vehicle shall ever be allowed, and any motor vehicle with a trace of having its engine serial number altered or tampered with shall be refused registration or re-registration.

"(e)Encumbrances of motor vehicles. – Mortgages, attachments, and other encumbrances of motor vehicles, in order to be valid against third parties must be recorded in the Bureau. Voluntary transactions or voluntary encumbrances shall likewise be properly recorded on the face of all outstanding copies of the certificates of registration of the vehicle concerned.

"Cancellation or foreclosure of such mortgages, attachments, and other encumbrances shall likewise be recorded, and in the absence of such cancellation, no certificate of registration shall be issued without the corresponding notation of mortgage, attachment and/or other encumbrances.

"Records of encumbrances of motor vehicles shall be kept by the Bureau of Land Transportation in chronological and/or alpha-numerical and/or any other sequence and shall contain, among other things, the time, date, number of the entry, and other cross-indexing entries for immediate data retrieval, in a "Book of Motor Vehicle Encumbrances" referring to the creation, cancellation or foreclosure of the aforesaid mortgages, attachments or to other encumbrances.

"The Bureau of Land Transportation shall collect a fee of Fifty Pesos (P50.00) for every annotation of a mortgage, attachment and/or other encumbrances or cancellation thereof."

"Sec. 7.Registration Classification. – The classification of vehicles shall be:

(1) Private
(2) For Hire
(3) Government
(4) Diplomatic

"Within ninety days from the approval of this Act, appropriate subclassifications shall be determined by the Director of Land Transportation with the approval of the Minister of Transportation and Communications, taking into consideration the body configuration, weight, cubic displacement and/or number of cylinders of the motor vehicle.

"(a) Private. – Motor vehicles registered under this classification shall not be used for hire under any circumstance.

"(b) For Hire. – Motor vehicles registered under this classification are those covered by certificates of public convenience, or special permits issued by the Board of Transportation, and shall be subject to the provisions of the Public Service Act and the rules and regulations issued thereunder, as well as the provisions of this Act.

"(c) Government. – Motor vehicles owned by the government of the Philippines or any of its political subdivisions shall be registered under this classification.

"(d) Diplomatic. – Motor vehicles owned by foreign governments or by their duly accredited diplomatic officers in the Philippines and used in the discharged of their official duties.

Tourists bringing their own motor vehicles to the Philippines may, however, without registering such motor vehicles, use the same during but not after ninety (90) 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 thereof are registered in the Bureau of Land Transportation prior to the operation of the motor vehicle.

"If such tourists remain in the Philippines longer than ninety (90) days, the motor vehicle shall not be operated unless registered in accordance with this Act and the corresponding registration fees paid."

"Sec. 8. Schedule of Registration Fees. – Except as otherwise specifically provided in this Act, each application for registration of motor vehicles shall be accompanied by an annual registration fee in accordance with a schedule to be prepared by the Bureau of Land Transportation subject to the approval of the Minister of Transportation and Communications in consultation with the Minister of Finance. The fees in the schedule shall be fixed on the basis of the model, body configuration, weight, cubic displacement or number of cylinders of the motor vehicle and other relevant factors. Said schedule shall not be changed more often than once every three (3) years, and only upon due notice given to the public at least ninety (90) calendar days before the effectivity of such schedule: "Provided, however, That beginning the calendar year 1981 and until changed pursuant to this section, the schedule of registration fees shall be as follows:

Type Gas Diesel
Bantam Cars 0-1600 cc PrivateP300.00 P250.00
For Hire 450.00400.00
Light Cars 1601-1280 cc Private600.00 550.00
For Hire 900.00800.00
Heavy Cars 2801-over Private1,500.00 1,200.00
For Hire2,500.00 2,000.00
Trucks/Buses, including
all types of utility vehicles
(per 100 kg. of gross
vehicle weight) Private20.00 2.00
For Hire 30.0015.00
Trailers (per 100 kg.
of gross weight) Private P10.00
For Hire 12.00
Mopeds (0-49 cc) P60.00
Mopeds (50-cc over)
Without sidecar Private 120.00
With sidecar Private 150.00
Without sidecar For Hire 150.00
With sidecar For Hire 240.00

"Provided, further, That registration fees for vehicles owned by the government and its political subdivisions shall be determined in consultation with the Minister of the Budget and within the constraints imposed by available funds: Provided, further, That all motor vehicles, regardless of type and/or classification, which are exclusively used and operated on private roads shall be subject to a recording fee of One Hundred Pesos (P100.00) only, for which stickers in lieu of regular plates shall be issued corresponding to the year of recording: Provided, finally, that such vehicles shall not be required to be physically brought to the office of the Bureau of Land Transportation for recording nor to be covered by compulsory vehicle insurance as required for registration purposes.

"For uniformity of registration fees and classification, all manufacturers and/or assemblers of motor vehicles, prior to the introduction of a new model motor vehicle, shall submit the specifications of said model to the Bureau of Land Transportation which shall determine under what schedule of registration fees the said model should fall."

Sec. 2. All references to the "Land Transportation Commission" or "Commissioner" in any other provision of Republic Act Numbered Forty-one hundred thirty-six, as amended, shall be automatically substituted with the words "Bureau of Land Transportation" and/or "Director", as the case may be; and all other section or portions thereof which are inconsistent with this Act and/or Executive Order Numbered Five Hundred forty-six are hereby repealed.

Sec. 3. This Act shall take effect upon its approval.

Approved: June 11, 1980.

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