Republic of the Philippines

HOUSE OF REPRESENTATIVES 07 AUG 2013

6

Quezon City, Metro Manila fs )]
Sixteenth Congress y

First Regular Session

HOUSE BILL NO. 2346

Introduced by Honorable Lucy Torres-Gomez

EXPLANATORY NOTE

It is quite a familiar scene, especially in the metropolitan areas, that
a commuter would hail a taxicab only to be asked by the driver, before
boarding, where he is headed to. Not infrequently, the rather choosy
driver would refuse to convey the passenger for a host of possible reasons
— that he’s not headed that way, or that traffic is heavy in said direction,
or that he’s about to turn-over the taxi unit to another driver or to the
operator, or that he’s about to take his lunch, or that the destination is too
far, if at all the driver would be polite enough to give a reason for his
refusal to convey. More often than not, the driver would simply shake his
head or smirk upon learning of the destination, then speed away. Worse,
assuming that one has already boarded the cab (since he knows his
passenger rights under the law), the driver would sometimes tell the
commuter to disembark for the same host of excuses.

If the commuter is lucky enough such that the driver allowed him
to board the taxi, he is occasionally harangued by the practice of some
drivers of being made to pay a “contractual” amount notwithstanding the
presence of the taximeters. The more polite among the drivers would
sometimes simply ask for a mark-up — “Boss, pakidagdagan na lang po
ng sinkwenta pesos at trapik” (o malayo, etc.). In other times, when
drivers do not resort to such abusive practices, commuters however are
subjected to fast taximeters (either due to tampering or defect).

Imagine the incidence of the foregoing situations rising
exponentially during rainy days, or during the holidays, or simply when
traffic in a given area is horrible (due to road-diggings, accidents, etc.),
and you have a clear picture of the convenience and safety of the
commuting public being held hostage to the whims, abuses and predatory
practices of taxicabs. This litany of woes does not even mention the


situations wherein taxi units are used by criminal elements to kidnap, to
hold-up, or even to murder unsuspecting members of the public. Add to
that the fact that these sordid events happen not only to our nationals but
to tourists as well.

It is therefore high time that our laws keep in step with such social
evils by regulating the malpractices and unprofessional conduct of many
taxicab drivers and operators. Our present laws on transportation have not
been able to address these myriad of activities of our common carriers
which put a black eye on our face before the domestic and the
international community.

In view of the foregoing, the early approval of this bill is earnestly
requested.

A Oh

LUCY/YORRE! MEZ
Representative
Fourth District of Leyte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 2346

Introduced by Honorable Lucy Torres-Gomez

AN ACT
PROVIDING FOR THE REGULATION OF ACTIVITIES OF
TAXI DRIVERS AND OPERATORS, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION. 1. Short Title. — This Act shall be known and cited as

the “Taxi Transport Practices Regulation Act of 2013”.

SEC. 2. Definition of Terms — For purposes of this Act, these

terms are defined as follows:

(a) “Taxi” shall include any motor vehicle held out for public
transport with a seating capacity of up to fourteen (14) persons, including

the driver, with no fixed route within a specified area.


(b) “Taxi operators and companies” shall refer to any individual,
partnership, cooperative and corporate entities engaged in the business of

operating and maintaining taxi units.

(c) “Taximeter” shall be understood as a device or instrument

found inside a taxi unit that shows the fare due.

SEC. 3. Fare System. — A uniform rate shall be charged by taxi
units throughout the country, consisting of a minimum rate plus
additional rate per unit distance and time, as may be determined by the

Land Transportation Franchising and Regulatory Board (LTFRB).

For taxi companies/operators that offer home or on-the-spot pick-
up services upon telephone request, a premium or additional amount to
the taximeter rate may be imposed upon the passenger; Provided, that the
passenger shall be informed immediately of such premium or amount

before pick-up.

For taxi companies/ operators that operate out of hotels, motels,
resorts, airports, ports and duly accredited with such establishments, an
additional amount imposed on the passenger not exceeding one hundred

percent (100%) of the taximeter rate.


SEC. 4. Issuance of Receipts. — All taxi drivers are required to
furnish their passengers, upon arrival at their destination with a receipt
detailing the following information: name, address and telephone number
of the taxi company and/or operator of the vehicle, the name of the driver,
the distance traveled and the corresponding fare. The driver is mandated
to keep a copy of every issued receipt and should submit these at the end

of his shift to the company for record-keeping purposes.

SEC. 5. Uniform for Taxi Drivers. — All taxi operators shall require
their drivers to wear a company-prescribed uniform while driving, and
with name plates on left breast sides, and long pants. All drivers are

likewise required to wear shoes while driving.

SEC. 6. Prohibited Practices. — It shall be unlawful for any taxi

driver and operator to engage in the following practices:

a) Asking passengers their intended destination without allowing

them inside the vehicle first;


b) Refusing to accept and convey passengers to their intended
destination for any reason(s). However, refusal to convey passengers on

the basis of the following grounds shall not be deemed unlawful:

(1) mechanical failure

(2) low fuel

(3) carbarn time, or the time a taxi driver is expected to return his
vehicle to the home garage of the operator, either to cease operation for
the day or to change shift with another driver

(4) potential threats of robbery or hold-up in a particular area,
determined from a certain notoriety of the place or palpable danger signs
such as isolated and dark areas

(5) excess of cargo or passenger limit

(6) conveyance of hazardous or dangerous cargoes and materials

(7) passenger's refusal to use the seatbelt

©) Charging a specific sum of money as fare or the practice of
imposing a fixed amount to be paid by the passengers upon arrival at their

intended destination without using their taximeters;


d) Asking passengers to pay an amount over and above the fare
reflected in the taximeter; Provided that this additional amount does not
fall under allowed additional rates mentioned in Section 3;

e) Operating with a set route or in a specific area in violation of
their franchise agreement and refusing to convey passengers beyond that

route or area;

f) Not employing a taximeter inside their vehicles or utilizing

“fast” or tampered meters;

g) Violating their respective franchise agreement and rules and

guidelines set by the LTFRB and the DOTC governing their operations;

h) Failure or refusal to be in prescribed uniform;

i) Discourtesy or arrogance towards passengers;

j) Failure or refusal to use seatbelts;

k) Failure or refusal to issue receipts;


1) Installing advertising signs without a permit;

m) Using unauthorized commercial or business name or allowing

another to use his commercial or business name;

n) Engaging in “kabit system” or the multiple use of taxi units

under one franchise.

SEC. 7. Penalties. — The following penalties shall be imposed on
taxi companies, operators and drivers found violating the provisions of

this Act:

(a) First (1%) Offense — suspension of the license of the erring
driver for a period of seven (7) days and a fine amounting to two

thousand pesos (P2,000.00) imposed upon the taxi company or operator;

(b) Second (2"*) Offense — suspension of the license of the erring
driver for a period of one (1) month, if it is the same driver mentioned in
paragraph (a); otherwise, it will be considered only as a first offense with
respect to that driver. In either case, the operating franchise shall be

suspended for a period of six (6) months and a fine of ten thousand pesos


(P10,000.00) imposed upon the taxi company/operator for the second

violation;

(©) Third (") Offense — revocation of the drivers license and
franchise, including a fine of fifty thousand pesos (P50,000.00) shall be

imposed upon the erring taxi company or operator.

The Land Transportation Franchising Regulatory Board (LTFRB)
shall be vested with the authority to act on all verified complaints by the
commuting public of violations of the provisions of this Act within a
period of thirty (30) calendar days from receipt of such complaints with

due notice and hearing.

SEC. 8. Special Fund for Education Seminars. — Fines paid by the
offending parties for violations of this Act shall accrue to a special fund
to be held by the LTFRB for the benefit of taxi drivers and operators. The
fund shall be disbursed exclusively for the educational seminars of erring
taxi drivers and operators. Attendance by the concerned drivers and
operators in such seminars shall be mandatory, failure of which shall

constitute a violation of this Act punishable under Section 7 hereof.


SEC. 9. Implementing Rules and Regulations. - The LTFRB, in
consultation with the Land Transportation Office (LTO), shall issue the

necessary rules and regulations to implement the provisions of this Act.

SEC. 10. Repealing Clause. - All acts, decrees, executive orders,
rules and regulations and other issuances or parts thereof inconsistent

with the provisions of this Act are hereby repealed, modified or amended.

SEC. 11. Separability Clause. - If for any reason, any portion or
provision of this Act be declared invalid or unconstitutional, other parts
or provisions hereof which are not affected thereby shall continue to be in

full force and effect.
SEC.12.  ffectivity. - This Act shall take effect fifteen (15)
days after its publication either in the Official Gazette or in a newspaper

of general circulation.

Approved,