Republic of the Philippines RECEIVED |
HOUSE OF REPRESENTATIVES SAN 09 2018
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8818

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

Motorcycles, while considered as valid mode for transportation and
accessibility, are not originally intended for public transportation. In our
country, however, the shortage or lack of common or traditional forms of a
public transport network and infrastructure such as mass public transportation
both in urban and rural areas, is usually substituted with other modes such as
multicabs, tricycles and “habal-habal”. The operation of habal-habal services
for passenger, goods, and cargo transport developed sometime in the nineties.
Its existence has generally been tolerated, although technically not regulated
by any government agency.

While habal-habal provides facility and mobility to the people in going to
work, school, market, church, etc., the safety of our people’s lives and limbs.
are of primordial consideration. Hence, there is a need for the operation of
habal-habal to be regulated.

Section 458 (1)(vi) of Republic Act 7160, otherwise known as the Local
Government Code of 1991”, grants municipal and city governments the power
to regulate the operation of tricycles and grant franchises for the operation
thereof within their territorial jurisdiction, subject to guidelines by the
Department of Transportation. This provision aims to promote the safety of
the riding public.

This bill seeks to amend Section 458(1)(vi) of RA. 7160 and Section 7(c) of
R.A. 4136 — Land Transportation Code to allow the use of habal-habal for
passenger, goods, and cargo transport, as a common carrier, subject to the
regulation and grant of franchise to operate motorcycles for hire within their
territorial jurisdiction by the city or municipal government. Under this bill,
the municipality or city shall receive, process, and evaluate all applications
for the grant of the franchise to operate motorcycles-for-hire known as
habal-habal or angkas within their territorial jurisdiction.

Any person applying for the grant of franchise to operate a motorcycle-for-
hire shall submit the following documents:
1. Certification of the Punong Barangay attesting that the applicant is
a bonafide resident of the barangay within the city or municipality.
2. Certificate of registration and official receipt of registration

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payment for the said motorcycle unit; and
3. A deed of undertaking by the owner that the unit applied for will
be operated only within the said city or municipality.

After favorable consideration of the application, the same shall be
endorsed to the sanggunian bayan or sangguniang panglungsod for the
issuance of franchise for the operation of the motorcycle-for-hire within the
territorial jurisdiction of the city or municipality. The franchise shall indicate
the place or route where the motorcycle-for-hire is authorized to operate.

Moreover, the authority grant to local government unit to regulate
motorcycles-for-hire shall be limited and confined to the boundaries of the
city or municipality. The local government unit may only grant franchise to
motorcycles operating within the city or municipality and owned by
residents thereof.

In the view of the foregoing, the passage of the bill is hereby being
earnestly sought.

HON. URC. YAP


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No._8819

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

AN ACT
REGULATING MOTORCYCLES-FOR-HIRE KNOWN AS HABAL-HABAL OR
ANGKAS, THERBY AUTHORIZING CITIES AND MUNICIPALITIES TO
GRANT FOR THEIR OPERATIONS, AMENDING FOR THE PURPOSE
SECTION 458 (1) (VI) OF THE REPUBLIC ACT NO. 7160, AS AMENDED
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF THE
PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER 1 - GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Motorcycles-For-Hire
Act of 2019.”

SEC. 2. Declaration of Policy. — It is the policy of the State to promote public
safety and security. To meet this end, the State provides mechanism for regulation of public
transport services. Despite the government’s intensified programs to meet this end, existing
laws do not regulate all forms of public transport services such as motorcycles-for-hire;
thus defeating the State’s policy. To protect and promote safety and welfare of the riding
public, the local governments, particularly cities and municipalities, should be empowered
to regulate the operations of motorcycles-for-hire also known as habal-habal or angkas.

SEC. 3. Definition of Terms. — For the purpose of this Act, motoreycle-for-hire
known as habal-habal or angkas shall denote and motorcycle that will carry passengers,
goods and other small cargo for a fee as a common carrier. Motorcycles-for-hire or habal-
habal operate in rural and urban areas of the country, especially in the interior roads and in
hilly, sloping and mountainous barangays where there is a lack of jeepneys, buses and other
forms of transportation.

SEC. 4. Amendments. - Section 458(1)(VI) of the Republic Act No. 7160, as
amended, otherwise known as the Local Government Code of the Philippines is hereby
amended inserting the phrase “motorcycles-for-hire known as habal-habal or angkas”
between the words “of” and “and” to read as follows:

“SEC. 458. Powers, Duties, Functions and Compensation. -(a)

“XXX.

(IVD Subject to the guideline prescribe by the Department of
Transportation [and Communications], regulate the operation of
MOTORCYCLES-FOR-HIRE KNOWN AS HABAL-HABAL OR
ANGKAS and tricycles and grant franchise for the operation thereof within
the territorial jurisdiction of the CITY OR municipality.”


Section 7 [c] of Republic Act No. 4136 otherwise known as Land
Transportation Code, is hereby amended deleting letter “© private
motorcycles, scooters or motor wheel attachments.” To read as follows:

SEC. 7. Registration Classification-
(a) Private passenger automobiles; and (b) private trucks. [; and
(©)private motorcycles, scooters or motor wheel attachments}
Motor Vehicles registered under these classifications shall not
be used for hire under any circumstances and shall not be used
to solicit, accept, or be used to transport passengers or freight for
pay.

SEC. 5. Local Franchise. — The municipality or city shall receive process and
evaluate all applications for the grant of the franchise to operate motorcycles-for-hire
known as habal-habal or angkas within their territorial jurisdiction.

Any person applying for the grant of franchise to operate a motorcycle-for-hre shall
submit the following documents:

4. Certification of the Punong Barangay attesting that the applicant is a bonafide
resident of the barangay within the city or municipality.

5. Certificate of registration and official receipt of registration payment for the
said motorcycle unit; and

6. A deed of undertaking by the owner that the unit applied for will be operated
only within the said city or municipality.

After favorable consideration of the application, the same shall be endorsed to the
sanggunian bayan or sangguniang panglungsod for the issuance of franchise for the
operation of the motorcycle-for-hire within the territorial jurisdiction of the city or
municipality. The franchise shall indicate the place or route where the motorcycle-
for-hire is authorize to operate.

SEC. 6. Administrative Boundaries. — The authority grant to local government
unit to regulate motorcycles-for-hire shall be limited and confined to the boundaries of the
city or municipality. The local government unit may only grant franchise to motorcycles
operating within the city or municipality and owned by residents thereof.

In cases where travel between two (2) municipalities can only be done by
motorcycle-for-hire, for lack of any other means of public transportation, the cities or
municipalities traversed by the motorcycles-for-hire shall agree between or among
themselves through a Memorandum of Agreement how incursions of motorcycles-for-hire
belonging to another city or municipality will be treated.

SEC. 7. Limits of Operations. - Motorcycles-for-hire are authorized to operate on
any road within the city or municipality. However, they are prohibited to operate, except
to cross, along the national highway or on any road which allows a maximum speed greater
that 40 kilometers per hour.

The local government unit with jurisdiction over the roads may limit and fix routes
for motorcycles-for-hire.

SEC. 8, Insurance Coverage. - For purposes of passenger’s safety, the owner of
motorcycle-for-hire shall, upon registration, procure the necessary insurance for third party
liability.

SEC. 9, Penalty. — The owner of the motorcycle-for-hire or habal-habal who fails
to secure a franchise to operate shall be fined the amount of not less than Three Thousand
Pesos (P3,000.00) up to not more than Five Thousand Pesos (P5,000.00) and the
motorcycle unit shall be impounded by the local government unit until the registration of
the same. These set of penalties shall be subject to the review and appropriate and revisions
of the Department of Transportation every three (3) years after the effectivity of this Act


SEC. 10. Implementing Rules and Regulations. — The Secretary of
‘Transportation shall within sixty (60) days after the effectivity of this Act, issue the
necessary rules and regulations to implement this Act.

SEC. 11. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations and other issuances or parts thereof, inconsistent with the provision of this Act,
are hereby repealed or modify accordingly.

SEC. 12. Time when Act takes effect. — This Act shall take effect fifteen days
after its publication in the Official Gazette of the Philippines shall have been completed.

Approved,